Deck 3: Inside Criminal Law

Question 1

Law may be broken down according to various classifications.Which of the following is not one of these classifications?

A) Civil law and criminal law
B) Felonies and misdemeanors
C) Mala in se and Mala prohibita
D) Tort crimes and civil crimes

Answer 1

D

Question 2

Statutes enacted by legislative bodies at any level of government make up a source of law,which is generally referred to as:

A) Administrative law
B) Case law
C) Constitutional law
D) Statutory law

Answer 2

D

Question 3

The remedy for a violation of civil law is:

A) Monetary damages awarded to the plaintiff
B) Probation up to five years
C) A fine paid to the state or county
D) Incarceration up to 1 year

Answer 3

A

Question 4

As a circumstance of murder,____ means that the offender considered the crime beforehand.

A) Deliberation
B) Malice aforethought
C) Premeditation
D) Spontaneity

Question 5

What degree of felony carries the maximum penalty of death?

A) Capital offense
B) First degree felonies
C) Second degree felonies
D) Third degree felonies

Question 6

Crimes punishable by death or imprisonment in a federal or state penitentiary for 1 year or longer are called:

A) Felonies
B) Gross misdemeanors
C) Misdemeanors
D) Petty misdemeanors

Question 7

A homicide that results from the offender's carelessness,but occurs when the offender lacks intent is classified as:

A) First degree murder
B) Second degree murder
C) Voluntary manslaughter
D) Involuntary manslaughter

Question 8

Murder,rape,and theft are examples of ____ crimes.

A) Mala in se
B) Mala prohibita
C) Premeditated
D) Deliberate

Question 9

The rules,orders,and decisions of regulatory agencies make up:

A) Administrative law
B) Case law
C) Constitutional law
D) Statutory law

Question 10

The ____________________ is the supreme law of the land,and as such is the basis of all law in the United States.

A) Declaration of Independence
B) U.S.Penal Code
C) U.S.Constitution
D) Case law of the United States Supreme Court

Question 11

Court decisions that provide guidance in interpreting the law are called:

A) Procedural guidelines
B) Benchmarks
C) Precedents
D) Baselines

Question 12

The term "judge-made" law is synonymous with:

A) Administrative law
B) Case law
C) Constitutional law
D) Statutory law

Question 13

What is the burden of proof necessary to win a civil trial?

A) Clear and convincing evidence
B) Probable cause
C) Preponderance of evidence
D) Proof beyond a reasonable doubt

Question 14

In a civil case,the injured party is called the ____.

A) Plaintiff
B) Defendant
C) Prosecutor
D) State

Question 15

The social function of the law includes the concepts of:

A) Protecting individual rights and teaching societal boundaries
B) Protecting individual rights and punishing offenders
C) Expressing public morality and teaching societal boundaries
D) Expressing public morality and punishing offenders

Question 16

____ are offenses punishable by 30 days to a year in jail.

A) Gross misdemeanors
B) Third degree felonies
C) Violations
D) Petty misdemeanors

Question 17

Which category of murder occurs when the victim provoked the offender to act violently?

A) First degree murder
B) Second degree murder
C) Voluntary manslaughter
D) Involuntary manslaughter

Question 18

The term mala prohibita refers to:

A) An act that would be wrong even if no law prohibited it
B) A violation of natural law
C) A "human-made" law
D) An act that goes against the public morality

Question 19

Misdemeanors are punishable by a fine or by confinement up to:

A) 1 year
B) 5 years
C) 10 years
D) Life imprisonment

Question 20

In a criminal case,the burden of proof is:

A) Beyond a reasonable doubt
B) Preponderance of the evidence
C) Beyond a shadow of doubt
D) By clear and convincing evidence

Question 21

A state statute applies only within that state's borders.

Question 22

Case law relies on how courts interpret a statute.

Question 23

The Fourth Amendment protects against:

A) Excessive bail
B) Excessive fines
C) Cruel and unusual punishment
D) Unreasonable searches

Question 24

When the wrongful threat of one person induces another person to perform an act that he or she would otherwise not perform,____ exists.

A) Duress
B) Entrapment
C) Necessity
D) Self-defense

Question 25

Which of the following is NOT a basic element of corpus delicti?

A) Actus reus
B) Mala in se
C) Mens rea
D) Concurrence,or coming together of the criminal act and guilty mind

Question 26

The guilty act in a criminal offense is referred to as:

A) Actus reus
B) Mens rea
C) Corpus delicti
D) Habeus corpus

Question 27

As discussed in the textbook,Corpus delicti refers to:

A) The dead body at the scene of a crime
B) The element of criminal intent
C) The basic elements of a crime
D) The criminal act

Question 28

A defense for criminal liability in which the defendant claims that the taking of intoxicants rendered him or her unable to form the requisite intent to commit a criminal act is:

A) Never accepted in court
B) A good defense if the intoxication was voluntary
C) A good defense if the intoxication was involuntary
D) Not allowed in felony court but is sometimes allowed in misdemeanor trials

Question 29

What is the defense for criminal ability that is used to assert a lack of criminal responsibility because according to law,a person cannot have the requisite state of mind to commit a crime?

A) Duress
B) Insanity
C) Entrapment
D) Mistake

Question 30

The facts surrounding an underlying crime are referred to as:

A) Causation
B) Attendant circumstances
C) Concurrence
D) Harm

Question 31

Strict liability is inconsistent with the general principles of criminal law,because ____ is lacking.

A) Mens rea
B) Actus reus
C) Causation
D) Concurrence

Question 32

This form of due process requires laws to be carried out in a fair and orderly manner.

A) Legislative due process
B) Procedural due process
C) Relative due process
D) Substantive due process

Question 33

Criminal law has one primary function: to express public morality.

Question 34

A common law test of criminal responsibility that relies on the defendant's inability to distinguish right from wrong is the:

A) Durham Rule
B) Irresistible-Impulse Test
C) M'Naughten Rule
D) Substantial Capacity Test

Question 35

The U.S.Constitution is the supreme law of the land and as such,it is the basis of all law in the United States.

Question 36

A crime in which the defendant is guilty regardless of his or her state of mind at the time of the act is known as:

A) Tort
B) First degree homicide
C) Strict liability
D) Manslaughter

Question 37

State law prevails whenever it is in conflict with federal law.

Question 38

Which of the following is NOT an excuse defense?

A) Mistake
B) Infancy
C) Insanity
D) Necessity

Question 39

A wrongful mental state,or intent,is known as:

A) Actus reus
B) Mala in se
C) Mens rea
D) Concurrence

Question 40

What is the term that means that the guilty act and the guilty intent occur together?

A) Causation
B) Attendant circumstances
C) Concurrence
D) Harm

Question 41

_______________ are the rules,orders,and decisions of regulatory agencies.

Question 42

Involuntary intoxication is a valid criminal defense.

Question 43

_______________ is the body of law enacted by legislative bodies.

Question 44

An inchoate offense is an attempted or incomplete offense.

Question 45

Actus reus refers to guilty intent as an element of a crime.

Question 46

Murder is a mala in se offense.

Question 47

Procedural criminal law defines the acts that the government will punish.

Question 48

Thanks to the _______________ of the Constitution,federal law will almost always prevail.

Question 49

Duress,self-defense,entrapment,and necessity are examples of excuse defenses.

Question 50

The accused party in both criminal and civil cases is known as the defendant.

Question 51

Society's views on morality,which are reflected as laws,are stable and unchanging over time.

Question 52

Most criminal cases involve a request for monetary damages in recognition that a wrong has been committed.

Question 53

Defendants who are found "guilty but mentally ill" do not serve criminal sentences.

Question 54

All law can be divided into two categories: civil law and ____________________.

Question 55

Proceedings in civil court are normally initiated by the plaintiff.

Question 56

Criminal law concerns offenses that are against the society as a whole.

Question 57

__________ is/are private wrongs:

Question 58

Third degree felonies are punishable by a maximum penalty of life imprisonment.

Question 59

Due process is addressed in the Fifth and Fourteenth Amendments to the Constitution.

Question 60

Entrapment is a justification defense in which the offender claims that he or she was induced to commit the crime by a public official.

Question 61

Crimes motivated by bias against an individual or a group based on race,ethnicity,religion,gender,sexual orientation,disability,or age are considered ____________________.

Question 62

_______________ refers to acts that are considered crimes only because they have been codified as such through statute.

Question 63

Explain the difference between crimes that are mala in se and crimes that are mala prohibita.

Question 64

The burden of proof in the American criminal court system is ___________________.

Question 65

A failure to exercise the standard of care that a reasonable person would exercise would exercise in similar circumstances is ____________________.

Question 66

____________________ is a negligent homicide,in which the offender had no intent to kill the victim.

Question 67

Offenses punishable by thirty days to a year in jail are _________________________.

Question 68

Deadly force can be used in self-defense if there is a ____________________ that imminent death or bodily harm will otherwise result,it the attacker is using unlawful force.

Question 69

_______________ means that the guilty act and the guilty intent must occur together.

Question 70

Identify and discuss the four written sources of American criminal law.

Question 71

Ordinarily ignorance of the law,or _______________________,is not a valid criminal defense.

Question 72

Discuss the differences between civil law and criminal law

Question 73

Strict liability crimes hold the defendant to be guilty even if the __________ to commit the offense is lacking.

Question 74

Criminal law requires that the ____________________ or "the body of the crime" be proved before a person can be convicted of wrongdoing.

Question 75

The ____________ and __________ Amendments require that no one can be deprived of life,liberty,or property without due process of law.

Question 76

Felony-murder is a form of __________ murder that applies when a person participates in any of a list of serious felonies that results in the unlawful killing of a human being.

Question 77

____________________ is a defense for criminal liability that asserts a lack of criminal responsibility due to mental instability.

Question 78

Describe felonies and misdemeanors and discuss the differences between the two.

Question 79

_______________have a maximum penalty of death.

Question 80

Discuss the purposes of criminal law.