Deck 3: The Criminal Act: The First Principle of Criminal Liability

Question 1

Possession is not an action,but is a condition.

Answer 1

True

Question 2

A parent-child relationship is an example of a "special relationship."

Answer 2

True

Question 3

All crimes have to include a criminal act.That's why it's the first principle of criminal liability.

Answer 3

True

Question 4

Failure to act can never be a crime.

Question 5

The term actus reus refers to the act element of a crime.

Question 6

Failure to file income taxes is an example of a failure to intervene crime.

Question 7

The actus reus requirement reserves the harsh sanction of the criminal law for cases of actual danger.

Question 8

Criminal liability is criminal conduct that is without justification or excuse,and,therefore,qualifies for criminal punishment.

Question 9

​If there's no criminal conduct,there's no criminal liability.

Question 10

Offenses that don't require a mens rea don't include an attendant circumstances element.

Question 11

Under the Good Samaritan doctrine,strangers have a duty to aid other strangers in danger.

Question 12

Omissions can satisfy the actus reusrequirement.

Question 13

Legal duties are created in three ways: statutes,contracts,and special relationships.

Question 14

The law recognizes only actual,constructive,and knowing possession.

Question 15

​Constructive possession means the person has the item on them.

Question 16

Failing to report child abuse may constitute a criminal omission.

Question 17

The requirement that attitudes have to turn into deeds is called manifest criminality.

Question 18

​The general principle of actus reus includes a voluntary act.

Question 19

Criminal acts are voluntary bodily movements.

Question 20

​In Robinson v.California,the Supreme Court stated that it would be cruel and unusual punishment to punish someone for a disease or illness.

Question 21

Actus reusis the first principle of liability.

Question 22

​What is the name given to "conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests?"

A) legal duty​
B) ​criminal liability
C) automatism​
D) ​criminal omission

Question 23

Every crime has to include at least one voluntary act.

Question 24

The majority of minor crimes against public order and morals do not include

A) mens rea.
B) the voluntary requirement.
C) actus reus.
D) a legal duty to obey.

Question 25

The Constitution bans pure status as a basis for criminal liability.

Question 26

The name given to all types of unconscious bodily movements is

A) automatism.
B) epileptic seizures.
C) sleep-driving.
D) diminished capacity.

Question 27

Every act leading up to the completed crime must be voluntary.

Question 28

We call crimes requiring a criminal act triggered by criminal intent

A) public order crimes.
B) automatism.
C) conduct crimes.
D) moral crimes.

Question 29

Those crimes requiring a criminal act triggered by criminal intent are

A) result crimes.
B) conduct crimes.
C) intentional crimes.
D) felonies.

Question 30

Fault-based defenses are defenses based on creating a reasonable doubt about the prosecution's proof of a voluntary act.

Question 31

Affirmative defenses take place before the prosecution has proved defendant's criminal conduct.

Question 32

​The idea that a crime requires action is called

A) ​manifest criminality.
B) ​a voluntary act.
C) ​mens rea.
D) ​attendant circumstance.

Question 33

Crimes that include only a criminal act are rare.

Question 34

Actus reus is the criminal intent,the mental element in crime.

Question 35

Criminal conduct that qualifies for criminal punishment is the definition of

A) result liability.
B) civil liability.
C) criminal liability.
D) conduct liability.

Question 36

Most states follow the Good Samaritan rule.

Question 37

The character or condition of a person or a thing is known as its

A) status.
B) reus.
C) manus.
D) prospectus.

Question 38

Status can arise in two ways.

Question 39

Criminal liability is defined as criminal conduct that qualifies for criminal

A) punishment.
B) mens rea.
C) guilt.
D) actus reus.

Question 40

Most offenses that don't require a mens rea do include which of the following?

A) a moral but not legal transgression
B) a lapse of good judgment but not criminal
C) a criminal omission
D) an attendant circumstances element

Question 41

Serious crimes that include the criminal act,criminal intent,concurrence,attendant circumstances,and a criminal harm are called

A) moral duty crimes.
B) public order crimes.
C) crimes of omission.
D) bad result crimes.

Question 42

Possession is not an action,rather it is

A) a compulsion.
B) a condition.
C) a moral duty.
D) a necessity.

Question 43

Some serious crimes include five elements.Which of the following is not one of those elements?

A) a voluntary act
B) the mental element
C) causation
D) omission

Question 44

In Robinson v.California (1962),the Supreme Court held that Robinson's conviction must be

A) upheld because his addiction resulted from a voluntary act.
B) upheld because people addicted to narcotics are a danger to themselvesand others.
C) reversed because a person cannot be punished for a status or condition.
D) reversed because there was no showing that Robinson was dangerous.

Question 45

When you possess something you don't know you possess,it is called

A) constructive possession
B) actual possession
C) simple possession
D) mere possession

Question 46

Legal duties can arise from:

A) statutes,contracts,and omissions
B) statutes,contracts,and special relationships
C) moral obligations that are generally recognized
D) none of these answers is correct

Question 47

The concurrence element means that a criminal intent has to

A) trigger the criminal act.
B) lead directly to the harm.
C) be the legal cause of the result.
D) flow from the act.

Question 48

Which doctrine imposes a legal duty to help or call for help for imperiled strangers?

A) the "Family Member" doctrine
B) the health care professionals rule
C) the American bystander rule
D) the "Good Samaritan" doctrine

Question 49

Which of the following are the two kinds of criminal possession?

A) actual possession and constructive possession
B) real possession and constructive possession
C) actual possession and fictional possession
D) actual possession and factual possession

Question 50

There are two kinds of criminal omission: failure to act and

A) ​failure to intervene.
B) failure to perform moral duty.
C) failure to follow the American bystander rule.
D) failure to be a good Samaritan.

Question 51

A legal fiction turns what into an act,although it is really a passive state?

A) legal duty
B) omission
C) possession
D) convolution

Question 52

Most states follow which of the following?

A) the "Family Member" doctrine
B) the health care professionals rule
C) the American bystander rule
D) the "Good Samaritan" doctrine

Question 53

The existence of a legal duty is what element of a crime?

A) attendant circumstance
B) adjunct
C) concurrent
D) permissive

Question 54

Which type of possession is it when one has physical control of banned items?

A) constructive possession
B) actual possession
C) simple possession
D) mere possession

Question 55

What type of possession is required by most states before an act can be criminalized?

A) knowing
B) mere
C) constructive
D) perfunctory

Question 56

What term refers to the physical element of a crime?

A) mens rea
B) actus reus
C) corpus delicti
D) criminal liability

Question 57

If there is no criminal conduct,there's no criminal

A) possession.
B) liability.
C) omission.
D) issue.

Question 58

A friend of yours puts illegal drugs into your backpack without your knowledge.This is known as:

A) constructive possession of the drugs
B) knowing possession of the drugs
C) mere possession of the drugs
D) none of these answers is correct

Question 59

Serious crimes that include (1)a voluntary act,(2)the mental element(3)circumstantial elements,(4)causation,and (5)criminal harm are also called

A) harm crimes.
B) mens rea crimes.
C) causation crimes.
D) bad result crimes.​

Question 60

Which of the following refers to what we do?

A) action
B) status
C) possession
D) duty

Question 61

Most statutes adopt what MPC rule?​

A) one-voluntary-act-is-enough rule
B) no-voluntary-act-is-enough rule
C) any-voluntary-act-is-enough rule
D) most-voluntary-act-is-enough rule

Question 62

If John were the parent of one of the children,why might he be criminally liable?

A) because of a statutory responsibility
B) because of a special relationship
C) because of a contractual responsibility
D) because of a constitutional responsibility

Question 63

According to the general principle of actus reus,every crime has to include at least one

A) Act.
B) voluntary act.
C) involuntary act.
D) intended act.

Question 64

The actus reus serves which of the following purposes?

A) it helps prove criminal intent
B) it reserves the harsh sanction of criminal law for cases of actual danger
C) it helps protect individual privacy
D) actus reus serves all of these purposes

Question 65

Automatism is the name given to

A) unconscious bodily movements.
B) intoxicated bodily movements.
C) conscious bodily movements.
D) static bodily movements.

Question 66

What kind of defense would Julio's lawyer most likely use at trial?

A) a fault-based defenses.
B) an affirmative defense
C) an actus reus defense
D) a status defense

Question 67

Criminal omission is a failure to act when

A) there is a legal duty to act.
B) there are no police to do anything.
C) no one else will act.
D) the failure to act is reported.

Question 68

Voluntary acts satisfy what requirement?​

A) ​mens rea
B) ​actus reus
C) ​status
D) ​automatism

Question 69

Status can arise in two ways: (1)it can result from a prior voluntary act or (2)

A) it can result from bad intent.
B) it can result from passive actions.
C) it can result from no act at all,such as sex,age,sexual orientation,race,and ethnicity.
D) it can result from fantasy.

Question 70

In the plurality opinion in Powell v.Texas (1967),the conviction for public drun KEnness was

A) affirmed because Powell was not punished for being an alcoholic but for the act of being drunk in a public place.
B) affirmed because Powell was being punished for being afflicted with alcoholism.
C) reversed because Powell was being punished for being a chronic alcoholic.
D) reversed because Powell committed no actus reus.

Question 71

Which of the following is the most prominent result crime?

A) criminal homicide
B) criminal manslaughter
C) criminal rape
D) criminal voyeurism

Question 72

What modern phrase comes from the ancient idea of manifest criminality?

A) a bird in the hand is worth two in the bush
B) between a rock and a hard place
C) stuck in a rut
D) caught red-handed

Question 73

Which of the following is a status that is voluntary?

A) addiction
B) sex
C) race
D) age

Question 74

Bill would not be guilty of a crime in most states,because most states require

A) knowing possession
B) mere possession
C) concurrent possession
D) constructive possession

Question 75

Criminal liability is criminal conduct that is without

A) justification or excuse.
B) exception or justification.
C) exception or excuse.
D) reason or excuse.

Question 76

Bill is guilty of what kind of possession?

A) knowing possession
B) mere possession
C) concurrent possession
D) constructive possession

Question 77

Defenses based on creating a reasonable doubt about the prosecution's proof of a voluntary act are called

A) fault-based defenses.
B) default-based defenses.
C) non-fault-based defenses.
D) voluntary-act-based defenses.

Question 78

The Constitution bans pure status as a basis for

A) failure to report.
B) possession as a crime.
C) omission as crime.
D) criminal liability.

Question 79

Crimes requiring a criminal act triggered by criminal intent are called

A) conduct crimes.
B) result crimes.
C) possession crimes.
D) omission crimes.

Question 80

John is not guilty of a criminal omission based on

A) the Apprendi doctrine.
B) the Good Samaritan doctrine.
C) the American bystander rule.
D) the ban on forced intervention laws.