Deck 3: Criminal Law: Substance and Procedure

Question 1

The term actus reus refers to the ____.

A)measurement of mental ability
B)exclusion of omission
C)guilty person
D)guilty act

Answer 1

D

Question 2

The law today can generally be divided into three broad categories. Which of the following is not one of these categories?

A)Procedural criminal law
B)Substantive criminal law
C)Civil law
D)Procedural civil law

Answer 2

D

Question 3

Narcotics control laws, health and safety regulations, and sanitation laws are examples of what legal principle?

A)Recklessness
B)Criminal negligence
C)Malice
D)Strict liability

Answer 3

D

Question 4

The term insanity:

A)is a type of mental illness.
B)has standard legal requirements that are met frequently by defendants.
C)is a legal concept only.
D)has not been addressed by statute.

Question 5

Which of the following is not a source of criminal law?

A)Common law
B)Biblical decree
C)Statutes
D)Case decisions

Question 6

What is the most common definition of a felony?

A)A crime punishable in the statute by death or imprisonment in a state prison.
B)Any crime punishable by imprisonment in a jail or state prison.
C)A crime punishable by grand jury indictment.
D)Any crime for which one can be imprisoned for more than three years in prison.

Question 7

The defense of mistake ultimately rests on proving a(n) ____.

A)presumption of guilt
B)lack of intent
C)existence of extenuating circumstances
D)post facto affirmative presumption of innocence due to entrapment

Question 8

Insanity, intoxication, and age are examples of what?

A)Legal defenses used to negate the required proof of mens rea
B)Legal defenses that negate the required proof of actus reus
C)Defenses based on double jeopardy
D)Legal defenses based on a presumption of conclusive incapacitation

Question 9

The individual's state of mind or intent to commit a crime is formally referred to as ____.

A)stare decisis
B)mala in se
C)mens rea
D)actus reus

Question 10

Crimes created by legislative bodies that reflect prevailing moral beliefs and practices are referred to as ____ crimes.

A)mala prohibitum
B)male in se
C)stare decisis
D)torts

Question 11

What desire underlies the broad purposes of the criminal law?

A)Protect individual liberties and promote freedom
B)Prevent and control unacceptable behavior and protect the citizenry
C)Implement and enact the liberties set forth in the Bill of Rights
D)Enact informal acts of moral censure for forbidden social acts

Question 12

The effect of intoxication upon criminal liability depends on:

A)the type of intoxicant used.
B)whether the defendant uses drugs or alcohol voluntarily.
C)whether the consumption of intoxicant began prior to the crime.
D)whether the defendant has prior convictions.

Question 13

The term stare decisis meANSWER:

A)an eye for an eye.
B)inherently evil.
C)a statute created by a legislative body.
D)to stand by decided cases.

Question 14

Which standard of the insanity defense excuses a person whose mental disease makes it impossible to control their conduct?

A)Durham Rule
B)Products Test
C)M'Naghten Rule
D)Irresistible Impulse Test

Question 15

Regardless of its source, all criminal laws in the U.S. must conform to the rules and dictates of the:

A)state supreme courts
B)Office of the President
C)United States Senate
D)U.S. Constitution

Question 16

Which of the following is not legally considered a crime?

A)Manufacturing dangerous drugs
B)Selling dangerous drugs
C)Being addicted to dangerous drugs
D)All of the above are legally considered crimes.

Question 17

American civil law is primarily concerned with:

A)compensating the injured party for harm.
B)protecting the public against harm.
C)controlling social values and mores.
D)contracting legal obligations between aggrieved individuals.

Question 18

Which of the following statements is false regarding the comparison of felonies and misdemeanors?

A)A felony is an offense generally punishable by death or imprisonment in a penitentiary, whereas a misdemeanor is generally punishable by a fine or imprisonment elsewhere than in a penitentiary.
B)A person convicted of a felony may be barred from certain fields of employment or some professions, whereas a person convicted of a misdemeanor is not.
C)An arrest for a felony or misdemeanor may be made regardless of whether the crime was committed in the officer's presence, as long as the officer had reasonable grounds to believe that the person committed the crime.
D)Distinguishing between a felony and a misdemeanor is sometimes difficult.

Question 19

Certain statutory offenses exist in which mens rea is not essential. These offenses fall within a category known as:

A)torts.
B)strict liability crimes.
C)mala in se crimes.
D)stare decisis.

Question 20

Which of the following statements does not apply to criminal law?

A)Crime is a public offense.
B)The right of enforcement belongs to the state.
C)Fines go to the state.
D)Both parties can appeal.

Question 21

What element must be present in order for the excuse of necessity to be valid?

A)The victim consented.
B)No means of escape were available.
C)The harm to be avoided was greater than the offense charged.
D)The offense was based on a presumptive conclusion of mens rea.

Question 22

The Fourth Amendment limits the admissibility of confessions that have been obtained unfairly.

Question 23

The concept of due process is found in the ____ Amendment and the Fourteenth Amendment.

A)Fourth
B)Fifth
C)Sixth
D)Eighth

Question 24

Self-defense as a justification requires imminent danger.

Question 25

Entrapment is a constitutional defense.

Question 26

Which legal standard of mental illness is used by present federal law?

A)"Didn't know what he was doing or didn't know it was wrong."
B)"Could not control his conduct."
C)"Lacks substantial capacity to appreciate the wrongfulness of his conduct or to control it."
D)"Lacks capacity to appreciate the wrongfulness of his conduct."

Question 27

Which standard solely considers whether the accused is able to distinguish right from wrong?

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

Question 28

Which amendment has been the vehicle most often used to apply the protection of the Bill of Rights to the states?

A)Fifth Amendment
B)Sixth Amendment
C)Eighth Amendment
D)Fourteenth Amendment

Question 29

Which of the following is true regarding the "stand your ground" justification defense?

A)Most self-defense statutes require a duty to retreat before reacting to a threat with physical violence.
B)The "castle exception" does not require an obligation to retreat within an individual's residence before fighting back.
C)"Stand your ground" laws allow average citizens to use deadly force when they reasonably believe that their homes or vehicles have been illegally invaded.
D)All of the above are true regarding the "stand your ground" justification defense.

Question 30

The purpose of the Bill of Rights was to prevent the government from overtaking the personal freedoms of citizens.

Question 31

Which constitutional amendment outlaws illegal searches and seizures by police?

A)First
B)Fourth
C)Fifth
D)Eighth

Question 32

The ideas and principles that society considers important at a given time and in a given place have no bearing on a court's decision on what exactly constitutes due process in a specific case.

Question 33

Tort law deals with disputes over property.

Question 34

An immediate relationship must always exist between the act and the actor's intent for a crime to occur.

Question 35

Due process of law is guaranteed by all amendments in the Bill of Rights.

Question 36

Until recently, sexual relations between consenting same-sex adults was punished as a serious felony.

Question 37

Which legal defense excuses a defendant from criminal liability when law enforcement agents use decoys and deception to induce criminal action?

A)Insanity
B)Double jeopardy
C)Compulsion
D)Entrapment

Question 38

The roots of criminal law in the United States can be directly traced to the Bible.

Question 39

A bank employee is forced to divert funds into a special account. Failure to cooperate will result in the execution of his family. Which defense would be most applicable to this situation?

A)Duress
B)Entrapment
C)Necessity
D)Consent

Question 40

Under common law, there was a conclusive presumption of incapacity for a child under ____ years of age.

A)7
B)10
C)14
D)18

Question 41

Differentiate between criminal law and civil law.

Question 42

Describe the importance of procedural due process.List the procedural due process rights that are guaranteed to an individual.

Question 43

The ____________________ Amendment has been used in the past to argue that the death penalty is cruel and unusual punishment.

Question 44

Elaborate the meaning of due process through the use of an example.

Question 45

The Durham Rule is associated with the ____________________ defense.

Question 46

Delineate the legal elements required to constitute a crime. Describe and give an example of each of the classifications of crime.

Question 47

Describe three tests of the insanity defense and how each is applied.

Question 48

____________________ is a broad category of criminal defenses claiming that a criminal act occurred but that it was reasonable under the circumstances.

Question 49

A law that inflicts a greater punishment than was available when the crime was committed is termed a(n) ____________________ law.

Question 50

Elaborate, through the use of examples, the way in which criminal laws reform with time.

Question 51

After the Norman conquest of England in 1066, royal judges would decide what to do in each case using local custom and rules of conduct as a guide in a system known as ____________________.

Question 52

Define the concept of substantive criminal law and detail its history.

Question 53

The primary concern of ____________________ is the control and regulation of human interaction.

Question 54

The ____________________ Amendment was the basis for the Miranda decision.

Question 55

Issues pertaining to the defendant's right to a speedy trial are subject to interpretation under the ____________________ Amendment.

Question 56

Discuss the historical development of criminal law.

Question 57

Discuss one of the Fourth, Fifth, Sixth, or Eighth Amendments and how it serves to limit and control the manner in which the federal government operates the justice system.

Question 58

Explain three legal excuses and three justifications for crime and provide an example of each.

Question 59

The defense of ____________________ would be appropriate in a case where a person was rushing to the hospital with an emergency and broke numerous traffic laws along the way.

Question 60

The ____________________ Amendment outlaws excessive bail.