Deck 1: The Nature, Purpose, and Function of Criminal Law

Question 1

A crime punishable by more than 1 year of imprisonment is a ______.

A) gross misdemeanor
B) felony
C) violation
D) petty misdemeanor

Answer 1

B

Question 2

A determination of probable cause made by the prosecutor results in the filing of a(n) ______.

A) information
B) indictment
C) post arrest investigation
D) sentence

Answer 2

A

Question 3

A court decision that does not identify the authoring judge is the definition of what type of decision?

A) plurality
B) certiorari
C) per curiam
D) precedent

Answer 3

C

Question 4

Which of the following articles of the U.S. Constitution establishes the federal judicial system?

A) Article IV
B) Article II
C) Article I
D) Article III

Question 5

Jack is charged with first-degree murder and is set for trial in the same jurisdiction where the alleged crime occurred. Because of the high-profile nature of the case, Jack's attorney wants to move the trial to another location. Jack's lawyer should file a(n) ______.

A) pretrial motion
B) indictment
C) appeal
D) postarrest investigation

Question 6

One day, police officers were involved in a high-speed chase through city limits after a driver speeded through a school zone. When they finally caught up with the driver, the police immediately arrested Betty at the scene. Because Betty was arrested at the scene and without a warrant, the court may hold a hearing during first appearance to determine whether there was probable cause to arrest her. This hearing is known as ______.

A) Richardson hearing
B) Allen hearing
C) Lewis hearing
D) Gerstein hearing

Question 7

The defendant, Will, was convicted of a crime and decided to appeal his conviction. On appeal, Will is known as the ______.

A) prosecutor
B) appellant
C) writ
D) appellee

Question 8

A crime is what the ______ declares to be a criminal offense and punishable with a penalty.

A) judge
B) law
C) individual
D) court

Question 9

______ plays a role in classifying mala in se and mala prohibita crimes?

A) Seriousness
B) Moral turpitude
C) Criminal procedure
D) Institution

Question 10

Mari was pulled over after driving 64 mph in a 35-mph zone. After being pulled over by a police officer, she is given a ticket that carries a large fine. This type of behavior would likely be classified as a ______.

A) misdemeanor
B) felony
C) capital felony
D) violation or infraction

Question 11

Capital felonies are crimes subject to what type of punishment?

A) Either the death penalty or to life in prison in states that do not have the death penalty.
B) life in prison and a $15,000 fine
C) fifty years in prison with the possibility of parole
D) thirty years in prison

Question 12

What type of crimes would be considered to be "crimes against the state?"

A) kidnapping, murder, sedation, and espionage
B) fraud, treason, sedation, and espionage
C) terrorism, computer crime, sedation, and espionage
D) terrorism, treason, sedation, and espionage

Question 13

A riot would be classified as what type of crime?

A) crimes against the Administration of Justice
B) crimes against the public and social order and morality
C) crimes against property and habitation
D) crimes against the country

Question 14

Sources of criminal law in the United States are considered to be all of the following EXCEPT ______.

A) international morality
B) English and American common law
C) state criminal codes
D) international treaties

Question 15

The federal criminal code compiles the criminal laws adopted by the ______.

A) Constitution
B) state criminal code
C) U.S. Congress
D) Supreme Court

Question 16

Mala prohibita offenses are not "inherently evil" and only are considered wrong because they are prohibited by ______?

A) courts
B) mens rea
C) statute
D) a judge

Question 17

The New York criminal code sets out what basic purposes of criminal law?

A) guilt, victims, offenders, and wrongdoing
B) function, offenders, punishment, seriousness, and definition
C) harm, victims, punishment, seriousness, definition, and warning
D) harm, understanding, seriousness, definition, and warning

Question 18

A tort is defined as an injury to a/an ______.

A) person or to his or her property
B) animal
C) grievance
D) street sign

Question 19

English common law is the foundation of ______.

A) Parliament
B) English civil law
C) American colonies
D) American criminal law

Question 20

Circuit courts of appeals sit in three-judge panels. In certain important cases, all of the judges in the circuit will sit ______.

A) mala in se
B) on in important decisions
C) per curiam
D) en banc

Question 21

What type of Supreme Court opinion is referred to as "the law of the land?"

A) concurring
B) dissenting
C) plurality
D) majority

Question 22

Reception statutes allow a/an ______ to incorporate the common law as an unwritten part of the criminal law.

A) corporation
B) state
C) individual
D) criminal law

Question 23

Late one night, Jerry robbed a convenience store. He escaped the convenience store without being captured and ran to a nearby neighborhood where he burglarized several cars. Jerry was later caught and charged with robbery and burglary. The crimes with which Jerry was charged are considered mala prohibita.

Question 24

With the exception of Alaska, all 50 states immediately recognized the English common law upon admission to the union.

Question 25

The U.S. Constitution requires verdicts in criminal trials to be unanimous.

Question 26

Al challenged a state statute all the way to the state supreme court, arguing that it violated the state constitution. If the U.S. Supreme Court were to review the state court's decision, the state would be bound by the U.S. Supreme Court's interpretation.

Question 27

A justice on the U.S. Supreme Court recuses herself from a case due to a conflict of interest. When the court releases its decision, the vote among the eight justices is evenly split. The result of the decision is that the lower court's decision remains in effect.

Question 28

A state legislature is considering passing a new criminal statute. A version of the statute is already contained in the Model Penal Code. The legislature does not have any jurisdiction in drafting the statute because the legislature is bound by the statute contained in the Model Penal Code.

Question 29

The purpose of criminal law is to protect the interests of the individual.

Question 30

With the exception of certain important cases, circuit courts of appeals sit in three-judge panels.

Question 31

Taylor is an inmate who believes that she is illegally incarcerated. If she wishes to challenge the legality of her incarceration, she should file a petition for habeas corpus review.

Question 32

"To stand by precedent and to stand by settled points" is the definition of stare decisis.

Question 33

The foundation of American criminal law is the English Common Law

Question 34

The United States has a system of dual sovereignty.

Question 35

Criminal acts that cause modest social harm are accompanied with no imprisonment term are referred to as violations or infractions.

Question 36

The French Common Law is the foundation of American criminal law.

Question 37

Dual sovereignty is a term for the sharing of power between state and city governments.

Question 38

When federal and state laws conflict, the Model Penal Code deems the federal law superior.

Question 39

A misdemeanor is a crime which is punishable by less than 1 year in prison.

Question 40

A criminal act, criminal intent, and concurrence are required for most crimes.

Question 41

Discuss what is a crime.

Question 42

Describe the three levels of the federal judicial system.

Question 43

Outline the stages of the criminal justice process.

Question 44

Discuss the purpose and various critiques of lifetime appointments for federal judges.

Question 45

Define and discuss the value of precedent.

Question 46

Explain the difference between binding and persuasive authority, and what happens in the event of an issue of first impression.