Deck 3: Inside Criminal Law

Question 1

Law may be broken down according tocertain types of 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

In a civil case, the injured party is called the ___________ ​

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

Answer 2

A

Question 3

The social function of the law includes the concepts of ________ ​

A)protecting individual rights and teaching societal boundaries.
B)protecting citizens from criminal harm and punishing offenders.
C)expressing public morality and protecting citizens from criminal harm.
D)expressing public morality and punishing offenders.

Answer 3

C

Question 4

Court decisions that provide guidance in interpreting the law are referred toas ____________ ​

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

Question 5

Civil law is concerned with _________ ​

A)protecting citizens from criminal harm.
B)maintaining public safety.
C)offenses against society as a whole.
D)rights and duties between individuals.

Question 6

The Sixth Amendment is an example of a(n)_____ ​

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

Question 7

The remedy for a violation of civil law is __________ ​

A)monetary damages awarded tothe plaintiff.
B)probation up tofive years.
C)a fine paid tothe state or county.
D)incarceration up toone year.

Question 8

A federal judge overturns a Nebraska state law, making it a crime for sex offenders touse social media. This is an example of a(n)__________ ​

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

Question 9

T he burden of proof necessary towin a civil trial is referred toas _________ ​

A)clear and convincing evidence.
B)probable cause.
C)preponderance of evidence.
D)proof beyond a reasonable doubt.

Question 10

Crimes punishable by death or imprisonment in a federal or state penitentiary for one year or longer are called _________ ​

A)felonies.
B)gross misdemeanors.
C)misdemeanors.
D)petty misdemeanors.

Question 11

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

Question 12

The least serious form of wrongdoings are often called __________ ​

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

Question 13

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 14

The rules, orders, and decisions of regulatory agencies make up ________ ​

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

Question 15

Laws enacted by legislative bodies at any level of government make up a source of law, which is generally referred toas __________ ​

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

Question 16

The term "judge-made" law is alsoreferred toas ____________ ​

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

Question 17

Which category of murder occurs when the victim provoked the offender toact violently? ​

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

Question 18

The federal regulations regarding clean water and air are examples of ______ ​

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

Question 19

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 20

A homicide that results from the offender's carelessness and lack of intent can be classified as ______ ​

A)felony murder.
B)second degree murder.
C)voluntary manslaughter.
D)involuntary manslaughter.

Question 21

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(n)_________ ​

A)tort.
B)infraction.
C)strict liability.
D)inchoate offense.

Question 22

The facts surrounding an underlying crime are referred toas __________ ​

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

Question 23

The term mala prohibita refers to___________ ​

A)an act that would be wrong even if nolaw prohibited it.
B)a violation of natural law.
C)a "human-made" law.
D)an act that goes against the public morality.

Question 24

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 25

The owner of a boat marina agrees toallow three undercover federal drug enforcement agents whoare posing as drug dealers touse h is dock tounload shipments of cocaine from Colombia. If the owner is arrested for allowing the agents touse his dock, he could potentially invoke the justification defense of ___________since they encouraged him tolet him allow them touse his dock . ​

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

Question 26

Which of the following is NoT an excuse defense? ​

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

Question 27

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 28

In reference tointent,_______ refers tothe 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 29

When the wrongful threat of one person induces another person toperform an act that he or she would otherwise not perform, the excuse defense known as _________________ can be invoked. ​

A)duress
B)entrapment
C)necessity
D)self-defense

Question 30

The guilty act in a criminal offense is referred toas _________ ​

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

Question 31

Murder, rape, and theft are examples of ____crimes. ​

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

Question 32

The Fourth Amendment protects against _________. ​

A)self-incrimination.
B)double jeopardy.
C)cruel and unusual punishment.
D)unreasonable searches.

Question 33

A common law test of criminal responsibility that relies on the defendant's inability todistinguish right from wrong is the _______ ​

A)Durham rule.
B)irresistible-impulse test
C)M'Naghten rule.
D)substantial capacity test.

Question 34

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 35

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

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

Question 36

A defense for criminal liability in which the defendant claims that the taking of intoxicants rendered him or her unable toform the requisite intent tocommit 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 37

What is the defense for criminal liability that is used toassert a lack of criminal responsibility because, according tolaw, a person cannot have the requisite state of mind tocommit a crime? ​

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

Question 38

A wrongful mental state, or intent, is known as ______ ​

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

Question 39

Which of the following is NoT a basic element of corpus delicti ? ​

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

Question 40

This form of due process requires laws tobe 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 41

Murder is a mala prohibita  offense. ​

Question 42

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

Question 43

Proceedings in civil court are normally initiated by the defendant. ​

Question 44

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

Question 45

An inchoate offense is an attempted or incomplete offense. ​

Question 46

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

Question 47

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

Question 48

Involuntary intoxication is considered a valid criminal defense. ​

Question 49

Criminal law has one primary function: toexpress public morality. ​

Question 50

Legally a victim has norole in the prosecution of an offender. ​

Question 51

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 52

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

Question 53

Substantive criminal law defines the acts that the government will punish. ​

Question 54

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

Question 55

A(n)          ____is a procedure through which the citizens of a state, by collecting enough signatures, can force a public vote on a proposed change toa state law. ​

Question 56

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

Question 57

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

Question 58

one of the key elements of a crime that refers tothe intent of the offender is referred toas the actus reus . ​

Question 59

Traffic laws reflect the teaching public morality function of the law. ​

Question 60

Case law refers toonly criminal matters of law. ​

Question 61

is a defense for criminal liability that asserts a lack of criminal responsibility due tomental instability. ​

Question 62

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

Question 63

The ____     refers tothe requirement that a person claiming self-defense prove that she or he took reasonable steps toavoid the conflict that resulted in the use of deadly force. ​

Question 64

Discuss the key purposes and functions of our criminal law system. ​

Question 65

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

Question 66

Strict liability crimes hold the defendant tobe guilty even if the____ tocommit the offense is lacking. ​

Question 67

Self-defense is the legally recognized privilege toprotect one's self or property from injury by another and is categorized as a(n) ___________defense toan alleged crime. ​

Question 68

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

Question 69

Contrast the major differences between our civil law and criminal law systems. ​

Question 70

As you have now read, voters can write or rewrite criminal statutes through a form of direct democracy known as the ballot initiative. In this process, a group of citizens drafts a proposed law and gathers a certain number of signatures toget the proposal on that year's ballot. If a majority of the voters approve the measure, it is enacted intolaw. Currently, twenty-four states and the District of Columbia accept ballot initiatives, and these special elections have played a crucial role in shaping criminal law in those jurisdictions, including those dealing with physical-assisted suicide for those whoare terminally ill, alsoknown as euthanasia. Although a few states have passed laws allowing its practice, many have not. As a newly appointed Supreme Court Justice tothe United States Supreme Court, a case dealing with the legality of euthanasia has made its way tothe courts, asking the court toallow the practice nationwide, in the same manner that it allowed the practice of gay marriage. As a Supreme Court Justice asked tohear the case, the main question is in regard tothe 10^th Amendment. More specifically, should this practice be left up tothe individual states todetermine its use, or should this practice be viewed as an unalienable right for all terminally ill citizens throughout the entire country? As a Justice, what is your legal opinion? Please fully explain.

Question 71

____________ refers toacts that are considered crimes only because they have been codified as such through statute. ​

Question 72

In a civil court, the legal responsibility for one's own or another's actions is called____ . ​

Question 73

The  ____ Amendment guarantees that noperson can be required tobe a witness against himself or herself in order topreserve his/her right against self-incrimination. ​

Question 74

Deadly force can be used in self-defense if there is a(n)____    belief that imminent death or bodily harm will otherwise result, if the attacker is using unlawful force. ​

Question 75

Explain what is meant by a "justification defense." Next, please list and explain each of the four major justification defenses currently used in the United States and alsod escribe a situation in which each defense may be applied. ​

Question 76

law consists of the rules, orders, and decisions of regulatory agencies. ​

Question 77

__________ are private wrongs. ​

Question 78

Discuss what is meant by an "excuse defense." Next, please list and explain the four main types of excuse defenses currently used in the United States. ​

Question 79

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

Question 80

Consider the following example: Johnny mistakenly walks off with Jenny's suitcase because he thought it was his. Which defense could Johnny use against theft charges and why would it be considered a valid defense? ​