CRJ 441 Social Science in Law

Fall 2002 Exam 2

Karu Hangawatte

35 points.

Answer all questions. Each question is worth one point except question #24 and #31.

Multiple Choice. Pick the best answer.

1.  Which of the following are true regarding questions that are asked in a scientific study?

a.  The question must make reference to the empirical world

  1. The question often calls for a causal explanation
  2. The question involves measuring/quantifying what is observed
  3. All of the above
  4. A & b only

2.  The components of causal explanation are:

  1. Prediction and control
  2. Prediction and understanding
  3. Control and understanding
  4. Control, understanding and maturation
  5. Prediction, control and understanding

3.  One of the first cases to apply the Daubert test to expert testimony regarding consumer confusion is:

a.  Elgin National Watch Co. v. Elgin Clock Co.

b.  Oneida v. National Silver

c.  Bacardi v. New York Lighter

d.  La Victoria Foods v. Curtice-Burns

e.  The Squirt Company v. The Seven-Up Company

Matching.

4.  “Male/Female”

  1. Categorical variable
  2. Continuous variable
  3. Maturation variable
  4. Inter-rater reliability

5.  “Age”

  1. Mortality
  2. Maturation variable
  3. Categorical variable
  4. History
  5. Continuous variable

6.  In re Chevron U.S.A.

  1. The prosecution is not required to present expert evidence of obscenity.
  2. The 7th Amendment required jury trials.
  3. Stratified samples are not allowed in tort cases.
  4. The selection process was not representative because it was not random.

TRUE/FALSE

7.  General causal accounts are called theories.

8.  All social science research tries to establish causality.

9.  Two variables that exhibit a “positive” relationship move in the opposite direction.

10.  Good theories yield testable hypotheses.

11.  In a jury research study whose respondents are a mock jury in a simulated criminal trial, the social scientist asks the respondents to rate the defendant’s guilt on a 5-point scale. This is the right question that is relevant to the substantive law.

Short Answers. Use full sentences.

12. Contrast the “empirical” approach from the “rational” approach.

13.  Briefly describe “control” and give an example.

14.  Briefly describe the following:

  1. Necessary cause
  2. Sufficient cause

15.  Briefly describe the following:

  1. Independent variable
  2. Dependent variable

16.  Name five factors that could affect internal validity of a research study.

17.  Briefly describe:

  1. Simple random sampling, and
  2. Stratified sampling

18.  How does “probability sampling” differ from “convenience sampling”?

19.  For sometime, what was the major objection that was raised in courts against social scientific evidence? State why?

20.  Describe briefly the study that Judge Frank used to support his dissenting opinion in Triangle Publications. Would that study be accepted in courts today?

21.  State why Zippo is considered a landmark decision? Summarize the main points of the decision in Zippo.

22.  Why did the court think that the 4.3% error rate in Squirt Company case was statistically insignificant?

23.  Does the First Amendment protect obscenity? Is obscenity the same as pornography? What is the standard for determining whether the material in issue is obscene or not?

24.  What were the two issues that the courts attempted to resolve until 1970’s regarding the use of social science evidence in obscenity litigation? (2 points)

25.  Why was expert testimony not allowed in People v. Muller?

26.  State Justice Frankfurter’s ruling in Smith regarding the right to present expert evidence by the defense?

27.  Summarize Justice Harlan’s view in Jacobellis v. Ohio as it pertains to the admission of expert testimony in an obscenity case.

28.  Why is Miller considered the most important case in obscenity law?

29.  What did the court hold in Paris Adult Theatre case in regard to the prosecution’s burden of presenting expert evidence in an obscenity case?

30.  Miller, Paris Theater, and Kaplan together resolved the issue of expert testimony in obscenity cases. State the law regarding the introduction of expert testimony.

31.  State the two constitutional issues that have been raised in regard to the use of damage award determinations in sampled cases to non-sampled cases. (2 points)

32.  Why did the Court of Appeal reverse Judge Parker’s decision in Cimino?

33.  In Blue Cross and Blue Shield of New Jersey v. Philip Morris that signifies the modern trend in mass tort litigation, did the judge allow sampling? State the judge’s ruling on constitutional issues.