Deck 3: Inside Criminal Law

Question 1

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

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

Answer 1

A

Question 2

The citizens of State X 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) exclusionary rule
B) supremacy clause
C) law of uniformity
D) ballot initiative

Answer 2

D

Question 3

Under the influence of alcohol, Malcolm punches a bartender at a local bar. The bartender files a lawsuit against Malcolm for battery. In this scenario, the bartender is most likely a(n) _____.

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

Answer 3

C

Question 4

Seabuds Corp., a company that sells canned fish, was banned from selling its products after the Food and Drug Administration (FDA) found unacceptable ingredients used as preservatives in its products. In this scenario, Seabuds most likely violated _____.

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

Question 5

According to the supremacy clause of the U.S. Constitution, _____ will almost always prevail.

A) local law
B) state law
C) federal law
D) district law

Question 6

A _____ refers to a court decision that furnishes an example or authority for deciding subsequent cases involving similar facts.

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

Question 7

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

A) Both impose sanctions on those who violate society's definition of acceptable behavior.
B) Both are normally initiated by an individual or a corporation.
C) Both are initiated by public prosecutors.
D) Both deal with the definition and enforcement of all private or public rights.

Question 8

_____ 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 9

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 10

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

A) A state law considers the theft of cattle, horses, or exotic livestock or fowl a felony.
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 11

Which of the following statements is true of constitutional law?

A) It is created by administrative agencies.
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 12

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 13

A(n) _____ is a person or institution that initiates a lawsuit in civil court proceedings by filing a complaint.

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

Question 14

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 15

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

Question 16

In the context of a civil court, the term liable is defined as the:

A) legal responsibility for one's own or another's actions.
B) degree of proof required in a civil case.
C) degree of proof required to find a defendant guilty of committing a crime.
D) state of being aware that a risk does or will exist.

Question 17

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

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

Question 18

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

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

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

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 shall be compelled 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 21

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

A) a felony
B) an infraction
C) larceny
D) battery

Question 22

A defendant is said to have _____ committed a criminal act when she or he intended 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 the M'Naghten rule?

A) It is derived from a 1943 French murder case.
B) It states that a person is criminally responsible even if she or he is proven legally insane.
C) It relies on a defendant's inability to distinguish right from wrong.
D) It is also known as the substantial-capacity test.

Question 24

Which of the following is true of mala in se crimes?

A) They vary significantly across countries and cultures.
B) They go against the natural, moral, and public principles of a society.
C) They are crimes for which the minimum sentence is death.
D) They are considered wrong only because they have been prohibited by a criminal statute.

Question 25

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) a misdemeanor
C) mala prohibita
D) corpus delicti

Question 26

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 do not need to be proved beyond a reasonable doubt.
D) They are not taken into account in classifying the degrees of crimes.

Question 27

Unlike preponderance of the evidence, beyond a reasonable doubt is:

A) the burden of proof in criminal cases.
B) the burden of proof in civil cases.
C) met when a plaintiff proves that a fact more likely than not is true.
D) the minimum degree of proof required in all court cases.

Question 28

_____ 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 29

Ramona left her two-year-old baby in the backseat of her car near a construction site while she went to a department store to buy groceries. In her absence, a construction crane crashed into her car, resulting in the death of her child. Which element of mens rea is illustrated in the scenario?

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

Question 30

_____ involve crimes of violence, such as armed robbery or sexual assault, or other "serious" crimes, such as stealing a large amount of money or selling illegal drugs.

A) Felonies
B) Misdemeanors
C) Infractions
D) Pilferages

Question 31

In the context of the tests used 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 she or he 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 32

A _____ is a court proceeding to determine whether a defendant is mentally well enough to understand the nature of the proceedings or to assist in his or her own defense.

A) competency hearing
B) show cause hearing
C) committal hearing
D) filing hearing

Question 33

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

A) Organized crimes
B) Felonies
C) Misdemeanors
D) Assassinations

Question 34

Carissa caught her husband cheating on her. She 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 35

Elton and Miranda devised a plan to rob a local bank. In this scenario, Elton and Miranda are involved in _____.

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

Question 36

A crime is considered second degree murder when it is:

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

Question 37

To fulfill the actus reus requirement, a criminal act must be:

A) committed in self-defense.
B) prohibited by law.
C) involuntary.
D) committed by a minor.

Question 38

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

A) It is generally the same from country to country and 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 forbidden by law.

Question 39

_____ 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) Inchoate offense

Question 40

Which of the following is true of gross misdemeanors?

A) They are punishable by imprisonment in a federal prison for one year or longer.
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 41

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 42

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

Question 43

Unlike substantive due process, procedural due process requires that:

A) certain methods be followed in administering and executing a law.
B) unfair and arbitrary laws be declared unconstitutional.
C) laws themselves be reasonable.
D) laws be formulated to further a legitimate governmental objective.

Question 44

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

A) Harry was beaten up and forced to confess to a crime.
B) Rochelle was searched without a warrant.
C) Simon was tried twice for the same crime.
D) Melissa's trial was unnecessarily prolonged.

Question 45

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

Question 46

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 because of the defendant's own fault.
D) The harm threatened must have been caused after lengthy deliberation.

Question 47

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) The guilty act and the guilty intent should be concurrent.
C) Federal laws cannot prevail over state laws under any circumstances.
D) The government cannot rely on individual judgment when making decisions.

Question 48

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 49

In the context of justification defenses, which of the following statements best defines the term duty to retreat?

A) It is a defense against criminal liability in which the defendant asserts that circumstances required her or him to commit an illegal act.
B) It is the requirement that a person claiming self-defense prove that she or he first took reasonable steps to avoid the conflict that resulted in the use of deadly force.
C) It is a defense for criminal liability in which the defendant claims that the taking of intoxicants rendered her or him unable to form the requisite intent to commit a criminal act.
D) It is proof that a suspect was somewhere other than the scene of the crime at the time of the crime, typically offered to demonstrate that the suspect was not guilty of the crime.

Question 50

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

Question 51

Which of the following best defines entrapment?

A) It is a defense in which the defendant claims that she or he was induced by a public official to commit a crime that she or he would otherwise not have committed.
B) It is a defense for criminal liability in which the defendant claims that the taking of intoxicants rendered her or him unable to form the requisite intent to commit a criminal act.
C) It is the requirement that a person claiming self-defense prove that she or he first took reasonable steps to avoid the conflict that resulted in the use of deadly force.
D) It is a defense against criminal liability in which the defendant asserts that circumstances required her or him to commit an illegal act.

Question 52

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 53

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

Question 54

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

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

Question 55

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

Question 56

_____ is the constitutional requirement that laws must be fair and reasonable in content and must further a legitimate governmental objective.

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

Question 57

The primary legal function of the law is to eliminate all forms of capital punishment.

Question 58

Disorderly conduct and trespassing are common misdemeanors.

Question 59

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

Question 60

Deadly force can be used in self-defense if:

A) the attacker is using lawful force.
B) there is a reasonable belief that imminent death or bodily harm will otherwise result.
C) there is a situation in which the attacker has violently or nonviolently entered the defender's dwelling.
D) the defender has initiated or provoked an attack.

Question 61

Differentiate between mala in se crimes and mala prohibita crimes.

Question 62

According to criminal law, the guilty act and the guilty intent must not be concurrent.

Question 63

Discuss the social functions of criminal law.

Question 64

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

Question 65

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

Question 66

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

Question 67

Substantive due process is based on the idea that if a law is properly passed by a legislature, it cannot be declared unconstitutional even if it is unfair or arbitrary.

Question 68

Differentiate between the different written sources of American criminal law.

Question 69

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

Question 70

Attendant circumstances need not be proved beyond a reasonable doubt.

Question 71

Discuss four of the most important justification criminal defenses.

Question 72

Discuss the legal functions of the law.