Deck 4: Inside Criminal Law

Question 1

Case law effectively establishes a single legal interpretation of a statute across multiple jurisdictions.

Answer 1

False

Question 2

The amendment protects against double jeopardy.

A)Fourth
B)Sixth
C)Fifth
D)Seventh

Answer 2

C

Question 3

Insanity is a valid justification defense.

Answer 3

False

Question 4

makes it possible to convict a person of a crime he or she did not actually commit.

A)Criminal liability
B)Strict liability
C)Accomplice liability
D)Attendant circumstances

Question 5

Many states use the concept of to impose harsher penalties on certain crimes.

A)accomplice liability
B)attendant circumstances
C)strict liability
D)concurrence

Question 6

English traditions are the exclusive source of common law.

Question 7

The necessity defense asserts that circumstances required the defendant to commit the illegal act.

Question 8

Which of the following is not one of the functions of criminal law?

A)Teach societal boundaries
B)Rehabilitate criminal offenders
C)Express public morality
D)Protection of citizens from criminal harm

Question 9

Criminal law specifies that there must be concurrence between the guilty act and the guilty intent.

Question 10

The M'Naughten rule is

A)a test for measuring sanity.
B)case law use at pretrial.
C)admission of intoxication test results at trial.
D)evidence exclusions under Mapp v.Ohio.

Question 11

A state of being aware that a risk does exist and then disregarding that risk is recklessness.

Question 12

The rules,orders,and decisions of regulatory agencies are known as

A)statutory law
B)case law
C)bureaucratic law
D)administrative law

Question 13

Mens rea may be categorized as

A)premeditated and deliberate.
B)reckless or negligent.
C)with malice aforethought.
D)purposeful,knowing,negligent,or reckless.

Question 14

The amendment requires states to adhere to the Bill of Rights.

A)First
B)Sixth
C)Ninth
D)Fourteenth

Question 15

Which of the following is not a justification defense?

A)Duress
B)Involuntary intoxication
C)Necessity
D)Entrapment

Question 16

The primary functions of the law are to protect citizens from harm and to maintain and promote social values.

Question 17

The due process clause basically requires that government not act unfairly or arbitrarily.

Question 18

The Bill of Rights is comprised of the ten Amendments to the Constitution.

Question 19

Statutory law does not include ordinances passed by cities and counties.

Question 20

Alcohol intoxication can be used as a defense when

A)it does not involve large amounts.
B)it is involuntary.
C)there is a designated driver.
D)no injuries are sustained by victims.

Question 21

The Amendment provides that no person shall be deprived of life,liberty or property without due process of law.

A)4th
B)5th
C)6th
D)8th

Question 22

The body of law developed from custom or judicial decisions in English and U.S.courts and not attributable to a legislature is called

A)case law decisions.
B)common law
C)administrative laws and rules.
D)precedent

Question 23

The facts surrounding a criminal event that must be proved to convict the defendant of the underlying crime are called

A)attendant circumstances
B)concurrence
C)strict liability
D)culpability

Question 24

All of the following are requirements for the defense of duress,except:

A)the threat must be of serious bodily harm or death
B)the threat must be induced by a public official
C)the threat must be immediate and inescapable
D)the harm threatened must be greater than the harm caused by the crime

Question 25

A plot by two or more people to carry out an illegal or harmful act is called a

A)conspiracy
B)corpus delicti
C)inchoate offenses
D)targeted

Question 26

A law is a statute that provides for greater sanctions against those who commit crimes motivated by bias against an individual or a group based on race,ethnicity,religion,gender,sexual orientation,disability,or age.

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

Question 27

Lex talionis is the concept of

A)equity.
B)causation.
C)retribution.
D)concurrence.

Question 28

The Amendment contains the prohibition against double jeopardy.

A)4th
B)5th
C)6th
D)8th

Question 29

The legal function of the law is to

A)protect and punish.
B)protect and rehabilitate.
C)rehabilitate and release.
D)rehabilitate and teach.

Question 30

In criminal law, prevents unfair practices such as forced confessions,denial of counsel,or unreasonable searches.

A)substantive due process
B)procedural due process
C)stare decisis
D)Lex talionis

Question 31

Statutory law includes all of the following except

A)state and federal statutes.
B)county ordinances.
C)city ordinances.
D)case law.

Question 32

The purpose of the social function of law is to

A)socialize offenders.
B)reflect values and norms of society.
C)rehabilitate offenders.
D)preserve common law.

Question 33

One of the earliest known examples of written law was

A)the Code of Hammurabi.
B)the Mosaic Code.
C)English common law.
D)the Bill of Rights.

Question 34

The Model Penal Code sets forth

A)case law decisions.
B)general principles of criminal responsibility.
C)administrative laws and rules.
D)common law.

Question 35

According to criminal law,there must be between the guilty act and the guilty intent.

A)concurrence
B)compatibility
C)coincidence
D)connection

Question 36

Unlawful pressure brought to bear on a person,causing the person to perform an act that he or she would not otherwise perform is .

A)duress
B)mistake
C)necessity
D)entrapment

Question 37

A wrongful mental state is known as .

A)actus reus
B)corpus delicit
C)mens rea
D)stare decisis

Question 38

Ultimately,it is the which determines whether an individual's due process has been violated.

A)United States Supreme Court
B)Federal Legislature
C)Prosecutor
D)President

Question 39

Public backlash against the insanity defense led to enacting

A)the substantial capacity test.
B)the irresistible impulse test.
C)"guilty but mentally ill" statutes.
D)the Durham rule.

Question 40

Hate crime laws make a person's an important attendant circumstance to his or her criminal act.

A)motive
B)mens rea.
C)ethnicity
D)negligence

Question 41

The primary legal function of the law is to maintain social order by protecting citizens from
.

Question 42

If Awlaki were to have been charged with terrorist activities,as an enemy combatant where would his case be heard?

A)State criminal court
B)Federal criminal court
C)Federal civil court
D)Military tribunals

Question 43

Felony-murder rules tend to negate what aspect of criminal justice?

A)mens rea
B)attempt
C)concurrence
D)All of these choices

Question 44

Of the five men killed in the Old Fire,how many did Rickie Lee Fowler intend to kill?

A)zero
B)one
C)three
D)five

Question 45

Precedents are rules of law announced in .

Question 46

What criminal charge would Richard Fox likely face,given the description of the incident?

A)First degree murder
B)Manslaughter
C)Negligent discharge of an explosive
D)Reckless discharge of an explosive

Question 47

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

Question 48

The use of the category "enemy combatant" has had what effect on individual rights?

A)It expanded them to apply to all people under US custody.
B)It restricted them to apply to only US citizens.
C)It expanded them to apply to all foreigners,including those taken on the battlefield.
D)It restricted them from applying to those battlefield prisoners,even if they are US citizens.

Question 49

For Fox not to be charged with murder,the district attorney must have believed what part of Fox's account?

A)Fox was not angry at his girlfriend
B)The discharge of the cannon was an accident.
C)Fox deployed the cannon as a weapon.
D)Fox had been drinking heavily before the cannon was fired.

Question 50

Based on just the preface,what statement below would best describe Fox' mental state?

A)Mens rea would apply in this case.
B)An attempt was demonstrated by the firing of the cannon.
C)Concurrence was demonstrated by the firing of the cannon and the death of the girlfriend.
D)Mens rea would not apply in this case.

Question 51

What fact would suggest that Fowler had malice aforethought toward the victims of Old Fire?

A)Fowler was angry at being thrown out a a family member's house.
B)Fowler with deliberately started the Old Fire blaze.
C)Fowler purposefully retaliated against the family member with whom he had an argument.
D)None of these choices

Question 52

If Awlaki had engaged in piracy rather than terrorism,what venue would these cases be heard? Hint: Pirates are not enemy combatants.

A)State criminal court
B)Federal criminal court
C)Federal civil court
D)Military tribunals

Question 53

The fact that Fowler was angry at his family might be grounds for what legal defense?

A)substantial-capacity test
B)infancy
C)irresistible-impulse
D)insanity

Question 54

What fact would not matter in the murder charges against Fowler?

A)The five victims died due to heart attacks,not due to burns or smoke inhalation.
B)One of the victims died a week after the event.
C)The Old Fire burned 1,003 homes.
D)Fowler intentionally started the Old Fire.

Question 55

Murder is defined as the willful killing of another human being.Murder,punishable by death,must be both premeditated and what else?

A)deliberate
B)without malice
C)justifiable
D)spontaneous

Question 56

What is the legal difference between a US citizen committing armed robbery and a US enemy combatant fighting American forces on a foreign battlefield?

A)The robbery suspect used a gun,thus making it a civil matter.
B)The armed robber,it may be said,took up arms against the US Government.
C)The enemy combatant took up arms against the US Government.
D)There are no differences between the two.

Question 57

Legislatures enact .

Question 58

Strict liability allows a finding of guilt even if is lacking.

Question 59

_________is the guilty act.

Question 60

Through its ,the American Law Institute seeks to bring uniformity to U.S.law.

Question 61

An act that is deemed criminal because it could do harm,which laws try to prevent,is called a(n)
.

Question 62

List the four written sources of United States criminal law.

Question 63

The Fourth Amendment requirement that no warrants for a search or an arrest can be issued without
.

Question 64

is unlawful pressure brought upon a person causing them to perform an act they would not otherwise have performed.

Question 65

An act that is deemed is less serious than one that is purposefully committed.

Question 66

due process requires that the laws used in accusing and convicting offenders be fair.

Question 67

A wrongful mental state,or intent,is called .

Question 68

is a homicide in which the intent to kill was present in the mind of the offender,but malice was lacking.

Question 69

The law that defines the acts the government will punish is called .

Question 70

is a court decision that serves as example of authority for deciding subsequent cases.

Question 71

Explain precedent and the importance of stare decisis.

Question 72

is a homicide in which the offender had no intent to kill her or his victim.

Question 73

An offense is conduct deemed criminal without actual harm being done,provided that the harm that would have occurred is one the
law tries to prevent.

Question 74

Infancy is a defense in which the individual's wrongdoing is excluded because he/she is too to understand the consequences of his/her actions.

Question 75

The Amendment provides that no person should be deprived of life,liberty,or property without due process of law.

Question 76

The practice of deciding new cases with reference to precedents is known as .

Question 77

The rules that define how the rights and duties of individuals can be enforced is criminal law.

Question 78

due process mandates that the law must be carried out in a method that is fair and orderly.

Question 79

Statutory rape is an example of a liability law.

Question 80

The Fourth Amendment protection from unreasonable and seizures.