Deck 3: Inside Criminal Law

Question 1

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 U.S. Supreme Court

Answer 1

U.S. Constitution

Question 2

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.

Answer 2

A

Question 3

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

A) procedural guidelines.
B) benchmarks.
C) precedents.
D) baselines.

Answer 3

C

Question 4

The Fourteenth Amendment is an example of a(n):

A) constitutional law.
B) statutory law.
C) administrative law.
D) case law.

Question 5

Texas laws, such as making the theft of cattle a felony, are examples of:

A) constitutional law.
B) statutory law.
C) administrative law.
D) case law.

Question 6

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 7

Laws 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.

Question 8

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 9

Civil law is concerned with:

A) teaching appropriate behavior.
B) maintaining public safety.
C) offenses against society as a whole.
D) rights and duties between individuals.

Question 10

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 11

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

Question 12

The federal Environmental Protection Agencies regulations are examples of:

A) constitutional law.
B) statutory law.
C) administrative law.
D) case law.

Question 13

In a civil case, the injured party is called the:

A) plaintiff.
B) defendant.
C) prosecutor.
D) state.

Question 14

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

A) 1 year.
B) 5 years.
C) 10 years.
D) life imprisonment.

Question 15

________are offenses punishable by 30 days to a year in jail.

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

Question 16

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 17

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

A) administrative law.
B) case law.
C) constitutional law.
D) statutory law.

Question 18

A federal judge overturns a Nebraska state law making it a crime for sex offenders to use social media. This is an example of a(n):

A) constitutional law.
B) statutory law.
C) administrative law.
D) case law.

Question 19

The remedy for a violation of civil law is:

A) monetary damages awarded to the plaintiff.
B) probation up to 5 years.
C) a fine paid to the state or county.
D) incarceration up to 1 year.

Question 20

The term "judge­made" law is synonymous with:

A) administrative law.
B) case law.
C) constitutional law.
D) statutory law.

Question 21

Murder, rape, and theft are examples of ______crimes.

A) mala in se
B) mala prohibita
C) premeditated
D) deliberate

Question 22

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'Naghten rule.
D) substantial capacity test.

Question 23

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

A) actus reus.
B) mens rea.
C) corpus delicti.
D) habeas corpus.

Question 24

What is the defense for criminal liability 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 25

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

A) deliberation
B) passion
C) premeditation
D) spontaneity

Question 26

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 27

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 28

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

A) actus reus.
B) mala in se.
C) mens rea.
D) concurrence.

Question 29

The least serious form of wrongdoings are often called:

A) petty misdemeanors.
B) gross misdemeanors.
C) infractions.
D) petty crimes.

Question 30

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 31

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 32

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 33

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 34

The facts surrounding an underlying crime are referred to as:

A) causation.
B) attendant circumstances.
C) concurrence.
D) harm.

Question 35

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 "human­made" law.
D) an act that goes against the public morality.

Question 36

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 37

Which of the following is NOT an excuse defense?

A) mistake
B) infancy
C) insanity
D) necessity

Question 38

_________is the state of being aware that a risk does or will exist and nevertheless acting in a way that consciously disregards this risk.

A) Recklessness
B) Negligence
C) Premeditation
D) Carelessness

Question 39

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 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

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 42

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

Question 43

What standard of proof would be required in the above case?

A) beyond a reasonable doubt
B) preponderance of the evidence
C) beyond a shadow of a doubt
D) clear and convincing evidence

Question 44

In _____________, the U.S. Supreme Court ruled that confessions of suspects not notified of due process rights are invalid.

A) In re Gault
B) Mapp v. Ohio
C) Gideon v. Wainwright
D) Miranda v. Arizona

Question 45

Case 3-2
Mr. Thomas is a criminal defense attorney. Peter contacts Mr. Thomas and tells him that he thinks he may have committed a crime but he is not sure. Mr. Thomas asks Peter a few questions but Peter refuses to answer any questions over the phone. Mr. Thomas tells Peter to come to his office for a consultation and he will provide legal advice if Peter decides to retain Mr. Thomas as his attorney.
Peter goes to see Mr. Thomas in his office. He explains to Mr. Thomas that he had been seeing a girl who said that she was 19. She is really 14. Peter is 22. Peter explains that they had sexual relations on a few occasions. Mr. Thomas explains to Peter that he can still be found guilty, even though he did not have intent to commit a crime. What type of crime is this?

A) hate crime
B) negligence
C) strict liability
D) inchoate

Question 46

If state prosecutors decide to file charges against Johnny, what crime classification would the charge fall under?

A) felony
B) gross misdemeanor
C) petty misdemeanor
D) infraction

Question 47

If the above case would make it to court, which party would be the plaintiff?

A) the bar owner
B) Johnny
C) Martin's family
D) Sharon

Question 48

After speaking with Peter for some time, Mr. Thomas believes that something is wrong with Peter. Mr. Thomas believes that Peter is either slightly mentally retarded or possibly mentally ill. He thinks that if Peter is charged with a crime the court will need to conduct a hearing to determine whether Peter is mentally well enough to understand the charges filed against him. What type of hearing is this?

A) arraignment
B) competency
C) preliminary
D) sentencing

Question 49

Peter wants to hire Mr. Thomas but does not have any money. Mr. Thomas explains to Peter that if he is arrested and charged with a crime, he has a right to a lawyer at various stages of criminal proceedings. Which amendment gives Peter this protection?

A) Fourth Amendment
B) Fifth Amendment
C) Sixth Amendment
D) Eighth Amendment

Question 50

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

Question 51

Peter believes that his crime was justified because his girlfriend deceived him when she told him she was 19. What legal justification defense does Peter possibly have?

A) duress
B) entrapment
C) necessity
D) none of these

Question 52

Prosecutors would need to prove that Johnny actually committed the guilty act of stabbing Martin. This is known as the:

A) actus reus.
B) mens rea.
C) mala in se.
D) mala prohibita.

Question 53

Case law relies on how courts interpret a statute.

Question 54

Case 3-1
Johnny and Martin are in a bar drinking beer and talking. Sharon walks in and starts talking to Johnny. Martin gets jealous because he was engaged to be married to Sharon and they only recently broke up. Martin gets so mad that he starts to yell at Johnny. He then swings at Johnny and misses. Martin falls to the ground and passes out. Johnny gets so mad that he stabs Martin in the back and kills him.
Martin's family believes that Johnny should be held responsible for this crime. They request monetary damages to compensate for the wrong that has been committed. What type of law covers this request?

A) administrative law
B) case law
C) civil law
D) criminal law

Question 55

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

Question 56

What crime is Peter guilty of?

A) felony murder
B) hate crime
C) infanticide
D) statutory rape

Question 57

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 58

The Fourth Amendment protects against:

A) excessive bail.
B) excessive fines.
C) cruel and unusual punishment.
D) unreasonable searches.

Question 59

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

Question 60

The owner of a boat marina agrees to allow three federal drug enforcement agents, posing as drug dealers, to use his dock to unload shipments of marijuana from Colombia. This is an example of:

A) entrapment.
B) duress.
C) mistake of fact.
D) mistake of law.

Question 61

In a civil court, the court is concerned with private and public rights.

Question 62

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

Question 63

Involuntary intoxication is a valid criminal defense.

Question 64

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

Question 65

Traffic laws reflect the teaching function of the law.

Question 66

An inchoate offense is an attempted or incomplete offense.

Question 67

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

Question 68

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

Question 69

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

Question 70

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 71

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

Question 72

Legally a victim has no role in the prosecution of an offender.

Question 73

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

Question 74

In a criminal case, the wrongful act is the violation of a statute that prohibits some type of activity.

Question 75

With the creation of the juvenile justice system in the early 1900s, the infancy defense became redundant.

Question 76

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

Question 77

Murder is a mala in se offense.

Question 78

________is the body of law enacted by legislative bodies.

Question 79

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

Question 80

Proceedings in civil court are normally initiated by the plaintiff.