Deck 3: Inside Criminal Law

Question 1

One of the basic sources of American law consists of the rules of law announced in court decisions, or precedents.

Answer 1

True

Question 2

The principle that the rules of a legal system apply equally to all persons, institutions, and entities-public or private-that make up a society is called the _____.

A) rule of uniformity
B) thumb rule
C) Bruton rule
D) rule of law

Answer 2

D

Question 3

Concurrence occurs when there is no connection between a guilty act and a guilty intent.

Answer 3

False

Question 4

Disorderly conduct and trespassing are common misdemeanors.

Question 5

Reflecting the values and norms of society is a legal function of the law.

Question 6

Hate crime laws provide for greater sanctions against those who commit crimes in a state of intoxication.

Question 7

The substantive due process rests on the idea is that if a law is unfair or arbitrary, even if properly passed by a legislature, it must be declared unconstitutional.

Question 8

In contrast to criminal law, civil law is concerned with responsibility of a crime rather than determining guilt.

Question 9

Murder, rape, and theft are examples of mala in se crimes.

Question 10

Laws generated by ballot initiatives are immune from review by state and federal courts.

Question 11

A defendant who commits an act recklessly is more blameworthy than one who is criminally negligent.

Question 12

Which of the following statements is true of constitutional law?

A) It imposes sanctions based on society's definition of acceptable behavior.
B) It sets forth the general organization and powers of, and limits on, governments.
C) It applies only to ordinances passed by cities and counties.
D) It relies on local legislatures to determine the validity of a rule.

Question 13

Which of the following statements is true of the Tenth Amendment to the Constitution?

A) It reserves to the states all powers not granted to the federal government.
B) It guarantees that no person can be required to be a witness against himself or herself.
C) It provides protection against unreasonable searches and seizures.
D) It guarantees that no person shall be deprived of life, liberty, or property without due process of law.

Question 14

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

Question 15

One of the most controversial strict liability crimes is statutory rape, in which an adult engages in a sexual relationship with a minor.

Question 16

Statutory law is the basis for a doctrine called stare decisis .

Question 17

Attendant circumstances need not be proved beyond a reasonable doubt, unlike other elements of a crime.

Question 18

Mala in se crimes are acts that are considered crimes only because they have been codified as such through statute, whereas mala prohibita refers to crimes that are morally wrong .

Question 19

Federal statutes are enacted by _____.

A) county jurisdictions
B) the U.S. Congress
C) state legislatures
D) the U.S. Supreme Court

Question 20

According to the supremacy clause in the U.S. Constitution, laws passed by which level of government will prevail?

A) Local
B) State
C) Federal
D) District

Question 21

Which of the following is true of a mala in se crime?

A) It varies significantly across countries and cultures.
B) It goes against the natural, moral, and public principles of a society.
C) It reflects the intellectual standards of a society at a given time.
D) It is considered wrong only because it has been prohibited by a criminal statute.

Question 22

A defendant is said to have _____ committed a criminal act when he or she desires to engage in certain criminal conduct or to cause a certain criminal result.

A) recklessly
B) negligently
C) carelessly
D) purposefully

Question 23

Which of the following is true of gross misdemeanors?

A) They are punishable by imprisonment for more than a year.
B) They are punishable by fewer than thirty days in jail.
C) They are punishable by death.
D) They are punishable by thirty days to a year in jail.

Question 24

Raynard was asked to pay a spot fine for overshooting the speed limit by five miles per hour. This is an example of a(n) _____.

A) felony
B) infraction
C) mala in se
D) stare decisis

Question 25

In a criminal court, the person or entity who has been formally accused of violating a criminal law is known as the _____.

A) defendant
B) plaintiff
C) bailiff
D) appellant

Question 26

_____ is a legal doctrine under which judges are obligated to follow the precedents established under prior decisions.

A) Stare decisis
B) Mala in se
C) Corpus delicti
D) Mens rea

Question 27

Which of the following is an example of a statutory law?

A) A state law considers victims below sixteen years of age to be legally incapable of consenting to sexual intercourse.
B) The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and seizures in crime investigations.
C) The federal Environmental Protection Agency's rules criminalize the use of lead-based paint in a manner that causes health risks to the community.
D) A federal judge overturns a Nebraska state law making it a crime for sex offenders to use social networking sites.

Question 28

Ramona left her two-year-old baby in the backseat of her car while she rushed to a department store to buy something to eat. In her absence, a construction crane crashed into her car resulting in the death of her child. In this scenario, which of the following elements of mens rea did Ramona exhibit?

A) Attempt
B) Purpose
C) Negligence
D) Knowledge

Question 29

Under the influence of alcohol, Malcolm punches a bartender at a local bar. The bartender files a lawsuit against Malcolm for battery. This scenario is an example of a _____.

A) revocation
B) plea
C) tort
D) precedent

Question 30

The citizens of the state of Morayna sign a petition for the medical use of marijuana. They want the proposal to become a state law. This process is an example of the _____.

A) rule of law
B) supremacy clause
C) law of uniformity
D) ballot initiative

Question 31

Which of the following is a similarity between civil lawsuits and criminal lawsuits?

A) Both are initiated by public prosecutors.
B) Both are initiated by an individual or a corporation.
C) Both refer to the accused party as the defendant.
D) Both aim at preventing and prosecuting crimes.

Question 32

Which of the following is a feature of a criminal law?

A) It establishes a preponderance of evidence.
B) It is initiated by an individual or a corporation.
C) It deals with disputes between private individuals or other private entities.
D) It is concerned with offenses against society as a whole.

Question 33

Carissa caught her husband cheating on her. She had considered murdering him in his sleep but could not carry out her intentions. In this scenario, which of the following elements of crime was missing?

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

Question 34

_____ are crimes punishable by a fine or by confinement for up to a year.

A) Inchoate crimes
B) Felonies
C) Misdemeanors
D) Statutory crimes

Question 35

Which of the following is a difference between civil lawsuits and criminal lawsuits?

A) Unlike civil lawsuits, criminal lawsuits are initiated by public prosecutors.
B) Unlike civil lawsuits, criminal lawsuits are initiated by an individual or a corporation.
C) Unlike criminal lawsuits, civil lawsuits refer to the accused party as the defendant.
D) Unlike criminal lawsuits, civil lawsuits aim at preventing and prosecuting crimes.

Question 36

Which of the following is true of a mala prohibita crime?

A) It is generally the same from country to country or culture to culture.
B) It goes against the natural, moral, and public principles of a society.
C) It is a crime that is considered inherently wrong.
D) It is considered wrong only because it has been prohibited by law.

Question 37

Seabuds Corp., a company that sells canned fish, is banned from selling its products. The Food and Drug Administration (FDA) found unacceptable ingredients used as preservatives for canning the fish. In this scenario, Seabuds demonstrates a violation of _____.

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

Question 38

Which of the following is necessary for a criminal act to be considered an actus reus ?

A) The act must be committed in self-defense.
B) The act must be prohibited by law.
C) The act must be a violation of social conduct.
D) The act must be committed by a minor.

Question 39

Sameera filed a civil lawsuit against her alcoholic husband for emotional abuse. She stated that under the influence of alcohol, her husband humiliated her and verbally abused her. In this scenario, the burden of proof required by Sameera to obtain monetary damages is _____.

A) a preponderance of the evidence
B) a reasonable suspicion
C) beyond a reasonable doubt
D) presumption of innocence

Question 40

A crime will be considered second degree murder when it is:

A) not spontaneous.
B) not premeditated.
C) contemplated beforehand.
D) deliberate.

Question 41

_____ is the one crime for which the necessity defense is not applicable under any circumstances.

A) Robbery
B) Forgery
C) Murder
D) Larceny

Question 42

Which of the following best describes the justification defense of entrapment?

A) A defendant claims that he or she was induced by a public official to commit a crime otherwise not intended.
B) A police officer claims that a criminal committed a crime he or she did not intent to commit.
C) A defendant claims invasion of privacy when interrogated by a police officer even with a warrant.
D) A police officer claims that a criminal would anyway commit a crime with or without the officer's involvement.

Question 43

Which of the following is true of attendant circumstances?

A) They are relevant to the corpus delicti .
B) They refer to the actual act of committing a crime.
C) They need not be proved beyond a reasonable doubt.
D) They are also known as internal circumstances.

Question 44

In the context of the provisions of the Fifth and Fourteenth Amendments to the U.S. Constitution, which of the following is a requirement of the due process clause?

A) The government should specify conditions for the right to property.
B) Concurrence should exist between the guilty act and the guilty intent.
C) Federal laws will prevail over state laws under all circumstances.
D) The government cannot rely on individual judgment when making decisions.

Question 45

Which of the following is a requirement for duress to qualify as a defense?

A) The harm threatened must be escapable.
B) The harm threatened must be greater than the harm caused by the crime.
C) The harm threatened must have resulted due to the defendant's own fault.
D) The harm threatened must have been caused after lengthy deliberation.

Question 46

Which of the following procedural safeguards is provided by the Bill of Rights for the accused in the United States?

A) Protection from trial by jury
B) Prohibition against double jeopardy
C) Protection from confronting witnesses
D) Prohibition against arrest with probable cause

Question 47

_________ is the body of law created by regulatory agencies, in the form of rules, regulations, orders, and decisions, in order to carry out their duties and responsibilities
A. Constitutional law
B. Statutory law
C. Administrative law
D. Case law ​

Question 48

Elton and Miranda devised a plan to rob a local bank in the after-hours. Elton and Miranda are involved in _____.

A) entrapment
B) an infraction
C) embezzlement
D) a conspiracy

Question 49

_____ is a strict liability crime in which an adult engages in a sexual act with a minor.

A) Voluntary manslaughter
B) Statutory rape
C) Involuntary manslaughter
D) Felony-murder

Question 50

_____ is a constitutional requirement that laws used in accusing and convicting persons of crimes must be fair.

A) Habeas corpus
B) Corpus delicti
C) Substantive due process
D) Procedural due process

Question 51

In the context of the Bill of Rights, in which of the following cases is the Fifth Amendment to the U.S. Constitution violated?

A) Harry was prevented from using the assistance of a defense counsel.
B) Rochelle was not allowed to question the witness presented in court against her.
C) Simon confessed to a murder after being tortured with electric shocks.
D) Melissa's trial was unnecessarily prolonged.

Question 52

A _____ is a court proceeding to determine whether a defendant is mentally well enough to understand the charges filed against him or her and cooperate with a lawyer in presenting a defense.

A) competency hearing
B) sentencing hearing
C) committal hearing
D) filing hearing

Question 53

As opposed to a mistake of law, a mistake of fact operates as a defense if:

A) the accused relies on an official statement of the law that is erroneous.
B) the law is not published or reasonably known to the public.
C) it negates the mental state necessary to commit a crime.
D) it is caused by the neglect of a legal duty on the part of the accused.

Question 54

A _________ refers to the rules of law announced in court decisions
A. sentence
B. precedent
C. tort
D. revocation

Question 55

A criminal act is referred to as _________ if it is not inherently wrong, though it may reflect the moral standards of a society at a given time
A. a felony
B. misdemeanor
C. mala prohibita
D. corpus delicti ​

Question 56

A(n) _________ is a serious crime, usually punishable by death or imprisonment for a year or longer
A. felony
B. misdemeanor
C. infraction
D. corpus delicti

Question 57

In which of the following circumstances can deadly force be used in self-defense?

A) If an attacker is using lawful force
B) If there is a reasonable belief that imminent death or bodily harm will otherwise result
C) If there is another possible response or alternative way out of a life-threatening situation
D) If a defender has initiated or provoked an attack

Question 58

Of the three tests to determine insanity, why is the ALI/MPC test considered the easiest standard for a defendant to meet?

A) The defendant needs only to show that he or she committed a criminal act under coercion.
B) The defendant needs only to show a lack of sufficient intent to harm society.
C) The defendant needs only to show a lack of "substantial capacity."
D) The defendant needs only to show the absence of actus reus .

Question 59

Unlike substantive due process, procedural due process requires that:

A) certain methods must be followed in administering and executing a law.
B) a law used in accusing and convicting persons of crimes must be fair.
C) a law itself must be reasonable.
D) the supremacy of the federal government must be upheld.

Question 60

A(n) _________ is a person or institution that initiates a lawsuit in civil court proceedings by filing a complaint
A. defendant
B. plaintiff
C. tort
D. offender ​

Question 61

Differentiate between mala in se crimes and mala prohibita crimes.

Question 62

Discuss the social functions of the criminal law.

Question 63

Differentiate between the written sources of American criminal law.

Question 64

Discuss four of the most important justification criminal defenses.

Question 65

_________ refer to acts deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent
A. Felonies
B. Infractions
C. Statutory crimes
D. Inchoate offenses

Question 66

Discuss the legal functions of the law.

Question 67

In the context of harm as an element of a crime, explain the concepts of inchoate offenses and conspiracy.