Deck 4: Criminal Law

Question 1

A legal defense in which the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil is called a(n):

A)Alibi.
B)Procedural defense.
C)Justification.
D)Insanity.

Answer 1

C

Question 2

The state of mind that accompanies a criminal act is:

A)Actus Reus.
B)Mens Rea.
C)An inchoate offense.
D)Concurrence.

Answer 2

B

Question 3

Before a person may be charged with a crime it must first be established that a crime has been committed.This violation is called:

A)Actus Reus.
B)Mens Rea.
C)Inchoate offense.
D)Concurrence.

Answer 3

A

Question 4

The Latin term that indicates that a crime has been committed and literally means the body of the crime is:

A)Corpus delicti.
B)Stare decisis.
C)Ex post facto.
D)Criminalus Bodem.

Question 5

Which of the following is a justification defense?

A)Duress
B)Insanity
C)Double jeopardy
D)Self-defense

Question 6

Typically civil lawsuits seek:

A)To punish a wrongdoer.
B)Compensation.
C)To deter others from committing a similar offense.
D)To protect society.

Question 7

A criminal's reason for committing a crime is commonly known as:

A)Attendant circumstances.
B)Procedural.
C)Concurrence.
D)Motive.

Question 8

The U.S.Constitution prohibits the enactment of ________________ laws which makes acts committed before the laws in question were passed punishable as crimes.

A)Stare decisis
B)Corpus delicti
C)Ex post facto
D)Mens Rea

Question 9

What term expresses the belief that a society must be governed by established principles to maintain order?

A)Rule of law
B)Stare decisis
C)Codification
D)Inchoate

Question 10

Diminished Capacity is a:

A)Procedure.
B)Verdict.
C)Rule of law.
D)Defense.

Question 11

By definition the criminal act and the mental state occur together in order for a crime to take place.This is known as:

A)Actus Reus.
B)Mens Rea.
C)An inchoate offense.
D)Concurrence.

Question 12

Which of the following types of law occurs when public order is compromised for wrongs against society as a whole?

A)Tort law
B)Administrative law
C)Civil law
D)Criminal law

Question 13

Which Constitutional Amendment guarantees the right to a speedy trial?

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

Question 14

Originally created in 1871 and the basis for gauging insanity defense,the _________ is still used today in our court system.

A)Durham Rule
B)Browner Rule
C)Procedural Rule
D)GBMI Rule

Question 15

Which of the following would not be categorized as a felony?

A)Robbery
B)Murder
C)Simple assault
D)Rape

Question 16

.Search and seizure,arrest procedures,and general rules of evidence are considered:

A)Substantive law.
B)Procedural law.
C)Administrative law.
D)Civil law.

Question 17

A Tort action occurs under:

A)Case law.
B)Procedural law.
C)Civil law.
D)Double jeopardy.

Question 18

The Fifth Amendment to the U.S.Constitution says that no person may be tried twice for the same offense.This is known as:

A)Ex post facto.
B)Entrapment.
C)Double jeopardy.
D)Stare decisis.

Question 19

A legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future decisions is known as:

A)Precedent.
B)Statutory law.
C)Procedure.
D)Case law.

Question 20

Which of the following types of law is based on the assumption that acts injure not just individuals,but society as a whole?

A)Tort law
B)Administrative law
C)Civil law
D)Criminal law

Question 21

A misdemeanor is a criminal offense punishable by death or by incarceration in a prison facility for at least one year.

Question 22

Penal code is the written or codified law;the "law on the books," as enacted by a government body or agency having the power to make laws.

Question 23

Case law is the body of judicial precedent,historically built on legal reasoning and past interpretations of statutory laws,that serves as a guide to decision making,especially in the courts.

Question 24

The Latin term for the facts that show that a crime has occurred,the term literally means "the body of the crime," is known as _______________ delecti.

Question 25

Judicial precedent,historically built on legal reasoning and past interpretations of statutory laws that serves as a guide to decision making especially in the courts is known as ___________ law.

Question 26

A legal defense based on claims of mental illness or mental incapacity is known as the___________ defense.

Question 27

____________ force is the degree of force that is appropriate in a given situation and is not excessive.

Question 28

The M'Naghten rule is a rule for determining insanity,which asks whether the defendant knew what he or she was doing or whether or not the defendant knew that what he or she was doing was wrong.

Question 29

An alibi is a statement or contention by an individual charged with a crime that he or she was so distant when the crime was committed,or so engaged in other provable activities,that his or her participation in the commission of that crime was impossible.

Question 30

Procedural law is the branch of modern law that governs relationships between parties.

Question 31

Denial of a speedy trial is an example of a procedural defense.

Question 32

Civil law is the part of the law that specifies the methods to be used in enforcing substantive law and is part of the criminal law system.

Question 33

Criminal ___________ occurs when a person fails to reasonably perceive the substantial and unjustifiable risks of dangerous consequences of his or her actions.

Question 34

A justification defense occurs when the defendant admits the crime,but claims it was necessary to do so to avoid a greater evil.

Question 35

Common law originates from usage and custom rather than from written statutes.The term refers to an unwritten body of judicial opinion,originally developed by English courts,that is based on non-statutory customs,traditions,and precedents that help guide judicial decision making.

Question 36

Statutory law is the written,organized,and compiled form of the criminal laws of a jurisdiction.

Question 37

Double Jeopardy allows a defendant to collect double damages in a civil suit.

Question 38

______________ is an improper or illegal inducement to crime by agents of law enforcement.

Question 39

Entrapment is a proper and legal inducement to allow someone to commit a crime by agents of law enforcement.

Question 40

Corpus delicti literally means "the body of the crime."

Question 41

List and define the five categories of criminal law violations.Give examples of each category of law.

Question 42

What is the purpose of law? Would a society exist without laws? Comment on and analyze the pros and cons of these issues giving examples to support your opinions.

Question 43

As defenses,justifications claim a kind of moral high ground.Justifications may be offered by people who find themselves forced to choose between "two evils." Generally speaking,conduct that a person believes is necessary to avoid harm to him or to another is justifiable if the harm he is trying to avoid is greater than the harm the law defining the offense seeks to avoid.Define and comment on three of the six categories that are applicable to this defense.Analyze their good and bad points.

Question 44

Compare and contrast the difference between felonies,misdemeanors,and infractions.

Question 45

A rule for gauging insanity that was originally created in 1871 by a New Hampshire court is known as the ____________________ Rule.

Question 46

The Constitution prohibits the enactment of laws,which make acts committed before the laws in question were passed punishable as crimes.Ex __________ facto is the Latin term closely associated with this prohibition.

Question 47

______________ capacity is a defense based on claims of a mental condition that may be used to exonerate the defendant of guilt.

Question 48

The M'Naghten rule,the Durham rule,and the Brawner rule all are connected with insanity defense in criminal court.Define each rule and emphasize the difference between the three.

Question 49

Prosecutorial Misconduct is an example of a _____________ defense.

Question 50

Procedural defenses make the claim that the defendant was in some manner discriminated against in the justice process or that some important aspect of official procedure was not properly followed.List and define four of these defenses while commenting on their good and bad points.

Question 51

By definition a criminal action requires actus reus,mens rea,and concurrence to occur.Define and gives examples of these three actions.