Deck 3: Types of Law

Question 1

Criminal law is sometimes referred to as ______.

A) corporate law
B) basic law
C) substantive law
D) layman law

Answer 1

C

Question 2

What is the required level of proof in a criminal case?

A) beyond all doubt
B) beyond a reasonable doubt
C) preponderance of the evidence
D) probable cause

Answer 2

B

Question 3

What is the required level of proof in a civil case?

A) beyond all doubt
B) beyond a reasonable doubt
C) preponderance of the evidence
D) probable cause

Answer 3

C

Question 4

Criminal acts not considered mala in se may be considered mala prohibita based on which of the following?

A) transferred intent
B) strict liability
C) gravity of the offense
D) social attitudes

Question 5

What type of laws violate the overbreadth doctrine?

A) passed ex post facto
B) void for vagueness
C) cruel and unusual
D) a bill of attainder

Question 6

Laws passed "after the fact" are called ______.

A) ex post facto
B) void for vagueness
C) cruel and unusual
D) a bill of attainder

Question 7

Which of the following is the term for guilty act?

A) mens rea
B) actus reus
C) corpus delicti
D) ex post facto

Question 8

Laws that impose criminal punishment without a trial are called ______.

A) void for vagueness
B) ex post facto
C) bills of attainder
D) proximal laws

Question 9

Which of the following is not one of the three components of the criminal act?

A) voluntary bodily movements
B) omission in the face of a duty to act
C) omission
D) possession

Question 10

Which of the following is not a classification of intent from the Model Penal Code?

A) intentional
B) knowing
C) reckless
D) negligent

Question 11

The "but for" test is used to determine which type of causation?

A) factual
B) legal
C) proximate
D) reasonable

Question 12

What type of liability makes parents potentially liable for the actions of their minor children?

A) strict liability
B) vicarious liability
C) inchoate liability
D) complicity liability

Question 13

A person who consciously, with the intent to commit a certain act or produce a certain result, acts with what level of intent?

A) knowing
B) purposeful
C) reckless
D) negligent

Question 14

If a bystander dies during the commission of a bank robbery, the robber is guilty of ______.

A) voluntary manslaughter
B) involuntary manslaughter
C) negligent homicide
D) felony murder

Question 15

Robbery is classified as what type of crime?

A) violent
B) property
C) social
D) moral

Question 16

What test for insanity is defined as the inability to control one's conduct, even though one is aware that what they are doing is wrong?

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

Question 17

Which of the following is not considered a crime against property?

A) burglary
B) robbery
C) theft
D) forgery

Question 18

Most states consider burglary at nighttime to be ______.

A) a requirement
B) an aggravating factor
C) a mitigating factor
D) irrelevant

Question 19

What is the difference between felony and misdemeanor larceny?

A) the value of the goods taken
B) the age of the goods' owner
C) the location of the crime
D) the time of day of the crime

Question 20

Which of the following actors in a criminal trial does not have a role in a civil trial?

A) prosecutor
B) defense
C) judge
D) jury

Question 21

What type of murder requires no intent?

A) manslaughter
B) felony murder
C) negligent homicide
D) voluntary manslaughter

Question 22

A tort is a ______.

A) criminal harm
B) criminal punishment
C) civil wrong
D) civil monetary damage

Question 23

Pocket picking is generally classified as what type of crime?

A) larceny
B) theft
C) robbery
D) burglary

Question 24

Substantive law is the law of crimes.

Question 25

Proof beyond a reasonable doubt is the prosecution's burden of proof in a criminal trial.

Question 26

Mala in se crimes are inherently harmful.

Question 27

Currently, in the United States, the death penalty can only be handed down to a defendant convicted of murder.

Question 28

Criminal motive and criminal intent are different things.

Question 29

Mens rea means guilty act.

Question 30

Proving attempt in court requires general attempt.

Question 31

In some states, voluntary intoxication cannot be used to establish mitigation.

Question 32

Solicitation involves the intent to induce another to commit a crime.

Question 33

Under common law, to reach out and strike a victim was classified as an assault.

Question 34

Punitive damages are awarded to compensate the plaintiff for legal expenses.

Question 35

Real property is land and anything growing out of or affixed to it.

Question 36

The five elements of criminal liability comprise the corpus delicti.

Question 37

In a tort, a defendant may argue that if both parties were equally negligent, neither should be held liable.

Question 38

Ideas and concepts are considered property.

Question 39

Compare and contrast proof beyond a reasonable doubt and preponderance of the evidence.

Question 40

Define and describe an inchoate crime.

Question 41

Describe the M'Naghten rule.

Question 42

Explain the four levels of intent in the Model Penal Code.

Question 43

Explain causation and concurrence.

Question 44

What is the role of an alibi?

Question 45

Explain the irresistible impulse test.

Question 46

Explain family law.

Question 47

Define civil law and explain how it differs from criminal law.

Question 48

A man aims a loaded gun at a woman and fires, intending to kill her, yet misses and kills a nearby child. With what crime can he be charged and how can intent be proven in this situation? Explain.

Question 49

Explain the logic behind holding a person liable for an attempted, yet failed or incomplete act. Should the person be held to a lower standard than if the act had been completed successfully?