Deck 1: Sources of Criminal Law

Question 1

The concept of crime includes:

A) conduct that has been prohibited by a statutory code.
B) conduct which subjects the offender to punishment.
C) conduct which is criminal in nature.
D) both A and B.

Answer 1

both A and B.

Question 2

Which of the following are mala in se crimes?

A) Rape, insider trading, and drunk driving.
B) Speeding, drunk driving and theft.
C) Rape, murder, and theft.
D) Insider trading, corporate pollution of the environment, and political crimes.

Answer 2

Rape, murder, and theft.

Question 3

Mala prohibita crimes are crimes such as:

A) insider trading
B) speeding.
C) illegal parking.
D) All of the above.

Answer 3

All of the above.

Question 4

The majority of our states classify crime as:

A) misdemeanors and felonies.
B) infractions and misdemeanors.
C) fines and misdemeanors.
D) imprisonment and fines

Question 5

Which of the following is not a necessary step in establishing administrative crimes?

A) The legislative delegation of authority must be limited and contain sufficient standards to guide the actions of the agency.
B) The agency rules must be explicit and within the standards established by the agency.
C) A superior court judge must rule on the constitutionality of any administrative crime.
D) The agency must operate within the specific guidelines established by the legislature.

Question 6

Which of the following is not an example of private laws?

A) Family laws.
B) Real property laws.
C) Speeding laws.
D) Probate laws.

Question 7

Which of the following is not an example of public laws?

A) Vehicle codes.
B) Criminal codes.
C) Family laws.
D) Public health laws.

Question 8

Which of the following is not an example of case law?

A) The ruling by a state appellate court on a state law.
B) The ruling by a federal appellate court on a state law.
C) In response to a court ruling, the state legislature amends a statute.
D) The ruling by a state supreme court on a state law.

Question 9

Which of the following is an example of a mandatory precedent for Arizona trial courts?

A) An Arizona appellate court issues a ruling on an Arizona law.
B) An Arizona appellate court issues a ruling on a California law.
C) An Arizona trial court holds that an Arizona law is unconstitutional.
D) Both A and C.

Question 10

Which of the following may be considered persuasive precedent for a California trial court?

A) A ruling by the California Supreme Court.
B) A ruling by the Arizona Supreme Court.
C) A ruling by the United States Supreme Court.
D) Both A and C.

Question 11

Which of the following is not a reason behind the designating of certain acts as crimes?

A) To safeguard property rights.
B) To protect public health.
C) To extract revenge.
D) To maintain public order.

Question 12

Which of the following is a reason for making certain acts criminal?

A) It is politically sensitive.
B) It is not economically feasible.
C) It is to protect the public health.
D) The act would be unpopular with the voters.

Question 13

Which if the following is not a reason why we punish?

A) To compensate the victim.
B) For revenge.
C) To incapacitate the offender.
D) For rehabilitation.

Question 14

Which of the following is a key principle of criminal responsibility?

A) A person is not responsible for the acts of another.
B) The joinder of the criminal act and the criminal intent.
C) Crimes are enacted to extract revenge on wrongdoers.
D) Morals drive American criminal laws.

Question 15

Which of the following is not a moralistic influence on criminal law?

A) Norms.
B) Customs.
C) Common law.
D) Folkways.

Question 16

Which of the following is the most serious classification of crime?

A) Treason.
B) Infraction.
C) Misdemeanor.
D) Felony.

Question 17

Most jurisdictions use this as the distinguishing factor between felonies and misdemeanors:

A) length of incarceration.
B) character of the offense.
C) place of incarceration.
D) common law classifications.

Question 18

A tort is the violation of a private interest of:

A) the victim.
B) the state.
C) the people.
D) the government.

Question 19

The principle of stare decisis developed from:

A) common law.
B) criminal law.
C) case law.
D) civil law.

Question 20

The "Necessary and Proper Clause" of the United States Constitution grants Congress the power to:

A) make criminal laws.
B) impose general police powers.
C) regulate commerce between the states.
D) exercise legislative authority over the District of Columbia and federal territories.

Question 21

A crime normally punished by only a fine is:

A) a misdemeanor.
B) a infraction.
C) a felony.
D) a folkway.

Question 22

Factors to be considered in imposing a sentence, according to U.S. Code, do not include:

A) the kinds of sentences available.
B) the nature and circumstances of the offense.
C) the need for societal retribution against the defendant.
D) the need for adequate deterrence of the conduct.

Question 23

Criminal law reform is driven by the desire to:

A) codify and clarify the law.
B) re-define criminal behavior on a daily basis.
C) answer to political pressure.
D) unite moral and social beliefs by the legislature.

Question 24

For something to be considered a crime, what must exist to define it?

A) A statute.
B) An ordinance.
C) A regulation.
D) All of the above.

Question 25

The common law legal system exists in what portion of countries in the world?

A) About half.
B) In England and the North America.
C) Nearly all.
D) It's the predominant system in the world today.

Question 26

Punishment includes the suffering imposed on a defendant by an agent of the government pursuant to the authority given that agent by reason of the defendant's criminal conviction.

Question 27

Mala in se crimes are those acts that are not only crimes, but are considered morally wrong.

Question 28

Mala prohibita crimes are those that are generally considered as morally wrong and are considered criminal in nature.

Question 29

In many states infractions are considered the lowest level of criminal activity.

Question 30

Private laws deal with relationships between people where the government has only an indirect interest.

Question 31

Public laws are those laws in which the government has a direct interest in relationships and acts between people.

Question 32

Case law is the phrase used to indicate appellate court interpretation of the law.

Question 33

Case law assists in clarifying and narrowing laws enacted by the legislature.

Question 34

A core function of criminal law is to punish.

Question 35

The theory of punishment for retribution focuses on revenge.

Question 36

As a general rule, moral and ethical standards are lower than the standards required by criminal law.

Question 37

Fishing without a license is an example of a mala prohibita crime.

Question 38

Procedural criminal law establishes crimes and proscribes punishments.

Question 39

Felonies and misdemeanors are often divided into categories/classes that represent differing levels of punishment.

Question 40

Only legislative bodies may create new crimes.

Question 41

Common law is the law of courts.

Question 42

The doctrine of case law (guiding precedent) developed from the common law.

Question 43

Economics and voter apathy are common issues in the consideration of new criminal laws.

Question 44

Criminal law is in a constant state of change.

Question 45

Moral acceptability is central in defining crime.

Question 46

All common law crimes are mala in se crimes.

Question 47

Stare decisis is the practice of adhering to established precedents.

Question 48

Common law crimes are typical in each state.

Question 49

The Code of Hammurabi is the basis for Civil Law legal systems.

Question 50

The American Law Institute, a nonprofit organization sponsored by the American ___ Association, drafted the Model Penal Code (MPC).

Question 51

What acts constitute crimes changes as the result of changes in ____.

Question 52

The Model Penal Law was developed by lawyers, judges, and ___.

Question 53

The purposes of punishment may include rehabilitation, incapacitation, retribution, and ___.

Question 54

The theory of punishment for ____ purposes is different from the other theories in that its goal is to take revenge on the individual rather than to reform an offender or restrain the would-be criminal.

Question 55

There are two types of deterrence: general and ___.

Question 56

The study of criminal law is a study of crimes, moral principles, and ___ law.

Question 57

A simple definition is that a crime is any act that has been so designated by the ___.

Question 58

Crime is defined as conduct that has been prohibited by ___ and that subjects the offender to criminal punishment.

Question 59

The one characteristic that differentiates criminal law from civil law is ___

Question 60

The criminal law of a state includes not only the statutes that designate certain types of conduct as crimes, but also a body of principles that help us to decide under what circumstances individuals should be considered criminally __ for their conduct.

Question 61

The requirement for joinder of intent and ___ is necessary to constitute a crime.

Question 62

Criminal statutes are in general a reflection of our moral ___.

Question 63

The Supreme Court, in, United States v. ______ held that Congress could delegate to an administrative agency the power to make regulations that may be enforced by criminal penalties.

Question 64

A private airplane pilot may be subject to criminal penalties for violation of the Federal Aviation Administration's

Question 65

A wrong that violates a private interest is generally a ___.

Question 66

A person may be acquitted in criminal court, yet found liable in a __ court for the same act.

Question 67

A term used to indicate appellate court decisions is ___ law.

Question 68

A court decision on a code provision may interpret its ___ and effect.

Question 69

The primary source of criminal law is ___ acts.

Question 70

Match words with associated meaning, concepts, issues or principles

-Core function of criminal law

A) Violations of which do not involved feelings of disgust.
B) Behaviors that arouse intense feelings.
C) The rationale for punishment based on denying the criminal the opportunity to commit other crimes.
D) Punishment may include a prison sentence.
E) Was developed from the customs of the people.
F) to punish wrong doers
G) The authority of the government to enact legislation to protect public health.
H) Generally considered the most serious crime.
I) Stands decided.
J) Based on the principle that punishment should help the criminal to restore his or her useful life.

Question 71

Match words with associated meaning, concepts, issues or principles

-Incapacitation

A) Violations of which do not involved feelings of disgust.
B) Behaviors that arouse intense feelings.
C) The rationale for punishment based on denying the criminal the opportunity to commit other crimes.
D) Punishment may include a prison sentence.
E) Was developed from the customs of the people.
F) to punish wrong doers
G) The authority of the government to enact legislation to protect public health.
H) Generally considered the most serious crime.
I) Stands decided.
J) Based on the principle that punishment should help the criminal to restore his or her useful life.

Question 72

Match words with associated meaning, concepts, issues or principles

-Rehabilitation

A) Violations of which do not involved feelings of disgust.
B) Behaviors that arouse intense feelings.
C) The rationale for punishment based on denying the criminal the opportunity to commit other crimes.
D) Punishment may include a prison sentence.
E) Was developed from the customs of the people.
F) to punish wrong doers
G) The authority of the government to enact legislation to protect public health.
H) Generally considered the most serious crime.
I) Stands decided.
J) Based on the principle that punishment should help the criminal to restore his or her useful life.

Question 73

Match words with associated meaning, concepts, issues or principles

-Folkways

A) Violations of which do not involved feelings of disgust.
B) Behaviors that arouse intense feelings.
C) The rationale for punishment based on denying the criminal the opportunity to commit other crimes.
D) Punishment may include a prison sentence.
E) Was developed from the customs of the people.
F) to punish wrong doers
G) The authority of the government to enact legislation to protect public health.
H) Generally considered the most serious crime.
I) Stands decided.
J) Based on the principle that punishment should help the criminal to restore his or her useful life.

Question 74

Match words with associated meaning, concepts, issues or principles

-Treason

A) Violations of which do not involved feelings of disgust.
B) Behaviors that arouse intense feelings.
C) The rationale for punishment based on denying the criminal the opportunity to commit other crimes.
D) Punishment may include a prison sentence.
E) Was developed from the customs of the people.
F) to punish wrong doers
G) The authority of the government to enact legislation to protect public health.
H) Generally considered the most serious crime.
I) Stands decided.
J) Based on the principle that punishment should help the criminal to restore his or her useful life.

Question 75

Match words with associated meaning, concepts, issues or principles

-Common law

A) Violations of which do not involved feelings of disgust.
B) Behaviors that arouse intense feelings.
C) The rationale for punishment based on denying the criminal the opportunity to commit other crimes.
D) Punishment may include a prison sentence.
E) Was developed from the customs of the people.
F) to punish wrong doers
G) The authority of the government to enact legislation to protect public health.
H) Generally considered the most serious crime.
I) Stands decided.
J) Based on the principle that punishment should help the criminal to restore his or her useful life.

Question 76

Match words with associated meaning, concepts, issues or principles

-Stare Decisis

A) Violations of which do not involved feelings of disgust.
B) Behaviors that arouse intense feelings.
C) The rationale for punishment based on denying the criminal the opportunity to commit other crimes.
D) Punishment may include a prison sentence.
E) Was developed from the customs of the people.
F) to punish wrong doers
G) The authority of the government to enact legislation to protect public health.
H) Generally considered the most serious crime.
I) Stands decided.
J) Based on the principle that punishment should help the criminal to restore his or her useful life.

Question 77

Match words with associated meaning, concepts, issues or principles

-Police power

A) Violations of which do not involved feelings of disgust.
B) Behaviors that arouse intense feelings.
C) The rationale for punishment based on denying the criminal the opportunity to commit other crimes.
D) Punishment may include a prison sentence.
E) Was developed from the customs of the people.
F) to punish wrong doers
G) The authority of the government to enact legislation to protect public health.
H) Generally considered the most serious crime.
I) Stands decided.
J) Based on the principle that punishment should help the criminal to restore his or her useful life.

Question 78

Match words with associated meaning, concepts, issues or principles

-Felony

A) Violations of which do not involved feelings of disgust.
B) Behaviors that arouse intense feelings.
C) The rationale for punishment based on denying the criminal the opportunity to commit other crimes.
D) Punishment may include a prison sentence.
E) Was developed from the customs of the people.
F) to punish wrong doers
G) The authority of the government to enact legislation to protect public health.
H) Generally considered the most serious crime.
I) Stands decided.
J) Based on the principle that punishment should help the criminal to restore his or her useful life.

Question 79

Match words with associated meaning, concepts, issues or principles

-Mores

A) Violations of which do not involved feelings of disgust.
B) Behaviors that arouse intense feelings.
C) The rationale for punishment based on denying the criminal the opportunity to commit other crimes.
D) Punishment may include a prison sentence.
E) Was developed from the customs of the people.
F) to punish wrong doers
G) The authority of the government to enact legislation to protect public health.
H) Generally considered the most serious crime.
I) Stands decided.
J) Based on the principle that punishment should help the criminal to restore his or her useful life.

Question 80

What is the police power of a government?