Deck 4: Criminal Law and Defenses

Question 1

Which of the following statements is FALSE about the purpose and function of law?

A)Laws protect people from harm.
B)Laws give the government unlimited power to penalize people arbitrarily.
C)Laws prescribe penalties for certain behaviors.
D)Laws help in regulating and maintaining social order.

Answer 1

B

Question 2

Failure to properly license a dog would be considered a(n):

A)felony.
B)felony,misdemeanor,and an infraction.
C)misdemeanor.
D)infraction.

Answer 2

D

Question 3

Which of the following amendments protects anyone from being tried twice for the same offense?

A)The Sixth Amendment
B)The Fourth Amendment
C)The Fifth Amendment
D)The First Amendment

Answer 3

C

Question 4

Which of the following statements is true of the history of lawmaking?

A)American colonists borrowed their laws from the English system.
B)Americans did not change or adapt common law.
C)England created common law based on the U.S.constitution.
D)Early societies relied on written social norms.

Question 5

From the following,pick the list that follows the chronological order of the development of law from the oldest to the most recent.

A)U.S.Constitution ratified,development of common law,Hammurabi's Code,Mosaic Law
B)Hammurabi's Code,development of common law,U.S.Constitution ratified,Mosaic Law
C)Development of common law,U.S.Constitution ratified,Mosaic Law,Hammurabi's Code
D)Hammurabi's Code,Mosaic Law,development of common law,U.S.Constitution ratified

Question 6

Which of the following members of the legal system set precedent for common law?

A)The police
B)The senators
C)The judges
D)The defendants

Question 7

________ law is the foundation of the legal system in the United States.

A)Civil
B)Napoleonic
C)Mosaic
D)Common

Question 8

The ________ is a suggested code of criminal law drafted by the American Law Institute and used to guide the states in modernizing their laws.

A)American Law Institute Rule (AMLIR)
B)Model Penal Code (MPC)
C)Durham Rule (DR)
D)Hammurabi's Code (HC)

Question 9

________ are payments that a defendant must make to a winning plaintiff in a civil lawsuit to compensate the plaintiff for the injuries or costs that the defendant's actions have caused.

A)Torts
B)Damages
C)Infractions
D)Precedents

Question 10

________ is a body of laws in which people are punished by the government for specific prohibited actions.

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

Question 11

________ means "to stand on the decision."

A)Stare decisis
B)Actus reus
C)Corpus delicti
D)Mens rea

Question 12

Davis witnesses Solomon breaking into Sam's apartment when Sam is away on a business trip.Davis calls the police and files a complaint.According to criminal law,who should bring the case to court?

A)The government
B)Sam
C)The police
D)Davis

Question 13

Which of the following offenses can be punished by probation,fines,and/or up to a year in a local jail?

A)An infraction
B)A misdemeanor
C)All these answers are correct.
D)A felony

Question 14

According to the rule of law in the United States,the ________.

A)government can punish you for an act that was not considered a crime at that time
B)government can punish people only when there are written laws
C)judges in the Supreme Court are considered to be above the law
D)president can use the punishment he desires to punish the guilty

Question 15

________ is the legal system created in England after the Norman Conquest and still used in the United States today.

A)Hammurabi's code
B)Case law
C)The U.S.constitution
D)Common law

Question 16

The earliest known record of written law is:

A)Hammurabi's Code.
B)the Bill of Rights.
C)the U.S.Constitution.
D)Ramasees's Code.

Question 17

Davis witnesses Solomon breaking into Sam's apartment when Sam is away on a business trip.Davis calls the police and files a complaint.According to criminal law,what standard of proof is needed to convict Solomon of burglary?

A)Preponderance of the evidence
B)Probable cause
C)Reasonable suspicion
D)Beyond a reasonable doubt

Question 18

Which of the following is an example of double jeopardy?

A)Michael is sued in civil court for $2 million in damages.The following month the state prosecutor tries him in criminal court for murder.
B)Michael is sued in civil court for wrongful death.The following month the federal prosecutor tries him in criminal court for arson.
C)Michael was tried in criminal court for murder and acquitted.Two years later the prosecutor attempts to go to trial again for the same offense.
D)Michael is tried in criminal court and is found guilty.The following year the victim's family sues Michael in a civil court for monetary damages.

Question 19

The ________ is the party who initiates the lawsuit in a civil case.

A)plaintiff
B)defendant
C)tort
D)precedent

Question 20

________ are laws enacted by Congress and the state legislatures.

A)Restitutions
B)Ordinances
C)Torts
D)Statutes

Question 21

Alan,Charlie,and Alex are neighbors.While rushing out of his house on a Sunday afternoon,Charlie trips over Alan's cat that is sitting on his porch and hurts himself.On seeing Charlie take a bad fall,Alex rushes to help Charlie to get to his feet.After recovering from his minor injury,Charlie decides to sue Alan and demands in his suit that Alan has to cover his medical expenses and lost wages.In this scenario,Charlie's demands are called ________.

A)plaintiffs
B)damages
C)torts
D)precedents

Question 22

Alan,Charlie,and Alex are neighbors.While rushing out of his house on a Sunday afternoon,Charlie trips over Alan's cat that is sitting on his porch and hurts himself.On seeing Charlie take a bad fall,Alex rushes to help Charlie to get to his feet.After recovering from his minor injury,Charlie decides to sue Alan.In this scenario,who is the defendant?

A)Alan
B)Alan's cat
C)Charlie
D)Alex

Question 23

An infraction is a(n):

A)act that entitles a defendant to a grand jury proceeding.
B)act that may result in a death sentence.
C)minor violation of a state law that brings a potential punishment of fines.
D)serious criminal offense that brings a potential punishment of a year or more in state or federal prison.

Question 24

A(n)________ in a criminal case is the money a defendant must pay a victim to compensate the victim for damages.

A)tort
B)infraction
C)constitution
D)restitution

Question 25

________ concerns disputes between individuals.

A)Criminal law
B)Restitution law
C)Ill law
D)Civil law

Question 26

A(n)________ is a document that specifies the components of a government,the duties of each component,and the limits of their power.

A)entrapment
B)infraction
C)constitution
D)restitution

Question 27

Identify a difference between criminal law and civil law.

A)Criminal defendants are entitled to a number of legal protections,while civil defendants do not automatically have such protections.
B)Victims have more control in the criminal justice system than in the civil justice system.
C)Criminal defendants are found liable and civil defendants are found guilty.
D)Criminal defendants who lose are not incarcerated or executed,while civil defendants who lose are incarcerated or executeD.

Question 28

A(n)________ is a serious criminal offense that brings a potential punishment of a year or more in state or federal prison.

A)tort
B)misdemeanor
C)felony
D)infraction

Question 29

Which of the following is a difference between civil law and criminal law?

A)A civil lawsuit tends to bring greater moral condemnation from society than does losing a criminal conviction.
B)The government alone is allowed to file civil cases,while individuals alone are allowed to file criminal cases.
C)Civil law operates under the assumption that society has been injured by a defendant's actions,while criminal law operates under the assumption that an individual has been injured by a defendant's action.
D)Civil defendants are found liable and criminal defendants are found guilty.

Question 30

________ is the guiding principle of the U.S.legal system,which states that no single person is more powerful than the law.

A)Durham law
B)McNaughtan law
C)The reasonable suspicion law
D)The rule of law

Question 31

On September 6,2009,the Florida Department of Education adopted the Florida Educational Leadership Examination Rule 6A-4.00821.This rule deals with the testing and certification of teachers.The rule specified in the scenario is a ________.

A)federal statute
B)U.S.code
C)county ordinance
D)state statute

Question 32

All of the following are sources of law in the United States EXCEPT:

A)ordinances.
B)corpus delicti.
C)statutes.
D)case law.

Question 33

Alan,Charlie,and Alex are neighbors.While rushing out of his house on a Sunday afternoon,Charlie trips over Alan's cat that is sitting on his porch and hurts himself.On seeing Charlie take a bad fall,Alex rushes to help Charlie to get to his feet.After recovering from his minor injury,Charlie decides to sue Alan.In this scenario,who is the plaintiff?

A)Alan's cat
B)Charlie
C)Alex
D)Alan

Question 34

On September 6,2009,the Florida Department of Education adopted the Florida Educational Leadership Examination Rule 6A-4.00821.This rule deals with the testing and certification of teachers.The rule in the scenario is a(n)________.

A)administrative law
B)criminal law
C)ordinance
D)statute

Question 35

________ are laws enacted by local governments such as cities and counties.

A)Ordinances
B)Statutes
C)Restitutions
D)Torts

Question 36

________ are civil disputes in which one party sues another for the damages that the defendant's actions have caused.

A)Torts
B)Felonies
C)Infractions
D)Precedents

Question 37

A previous case that guides decisions in later cases is known as ________.

A)tort
B)infraction
C)amendment
D)precedent

Question 38

Crimes that have been begun but are not completed are called ________.

A)strict liability offenses
B)inchoate crimes
C)mens reas
D)actus reuses

Question 39

Alan,Charlie,and Alex are neighbors.While rushing out of his house on a Sunday afternoon,Charlie trips over Alan's cat that is sitting on his porch and hurts himself.On seeing Charlie take a bad fall,Alex rushes to help Charlie to get to his feet.If Charlie chooses to sue Alan,which of the following laws would govern the case?

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

Question 40

Which of the following statements is true about criminal laws?

A)Today,infractions are classified as more serious crimes than felonies.
B)A felony is a minor violation of a local ordinance or state law that brings a potential punishment of fines.
C)People who commit misdemeanors usually face death sentences,while people who commit felonies usually face probation or incarceration in jails.
D)The procedures for prosecuting misdemeanors are considerably less complex than those for felonies.

Question 41

David persuades Doris to distribute narcotics.David can be charged with:

A)attempt,conspiracy,and solicitation.
B)attempt.
C)conspiracy.
D)solicitation.

Question 42

________ is the specific act required to convict a person for a specific crime.

A)Corpus delicti
B)Actus reus
C)Mens rea
D)The judge

Question 43

The defense of duress would be acceptable in all crimes EXCEPT:

A)destruction of property.
B)theft.
C)murder.
D)burglary.

Question 44

Mary decides to rob a bank.She obtains a gun,drives to the bank,enters the bank,points the gun at the teller and asks him to get the money from the vault.Before the teller can respond,an off-duty police officer tackles Mary,disarms her,and places her under arrest.Mary could be charged with:

A)solicitation.
B)theft.
C)attempted robbery.
D)conspiracy to commit robbery.

Question 45

The level of mens rea where the offender knows that there is a substantial risk of the consequences is referred to as:

A)purposefully.
B)recklessly.
C)knowingly.
D)negligently.

Question 46

Crimes that have no mens rea requirement are called ________.

A)Durham crimes
B)McNaughtan offenses
C)inchoate crimes
D)strict liability offenses

Question 47

Reuben forces his way into the house of an elderly couple.He tells the lady that if she does not help him in carrying out a bank heist,he will shoot her husband.Which defense would be acceptable for the elderly lady is she in fact goes along with Reuben and helps him carry out the bank heist?

A)Necessity
B)Mistake
C)Duress
D)Intoxication

Question 48

The level of mens rea where the offender behaves differently from the way a reasonable person would behave is referred to as:

A)knowingly.
B)recklessly.
C)negligently.
D)purposefully.

Question 49

Who must determine whether a defendant was insane at the time of a crime?

A)Prosecutor
B)Psychiatrist
C)All these answers are correct.
D)Jury or judge

Question 50

The level of mens rea where the offender is certain in the results of the actions,regardless of whether the offender wants them to happen is referred to as:

A)recklessly.
B)negligently.
C)knowingly.
D)purposefully.

Question 51

When a defendant is found not guilty by reason of insanity (NGRI),________.

A)it is assumed that he committed the crime under duress
B)he is generally viewed as needing psychiatric treatment
C)it is assumed that he committed the crime out of necessity
D)he is generally sent to the federal prision

Question 52

Which defense is also known as the "lesser of two evils" defense?

A)Intoxication
B)Necessity
C)Mistake
D)Duress

Question 53

________ is a strict liability offense.

A)Perjury
B)Statutory rape
C)Theft
D)Robbery

Question 54

The level of mens rea where the offender intends the offense and its consequences is referred to as:

A)negligently.
B)knowingly.
C)purposefully.
D)recklessly.

Question 55

Which of the following is NOT a requirement of the self-defense claim?

A)The offender must be taller and heavier than the victim.
B)The action against the offender must be necessary.
C)The threat must be imminent.
D)The action against the offender must be proportionate to the threat.

Question 56

Which of the following is an inchoate crime?

A)Attempt
B)Conspiracy
C)Solicitation
D)All these answers are correct.

Question 57

________ is the criminal intent or mental state of the defendant at the time of the crime.

A)Stare decisis
B)Strict liability
C)Actus reus
D)Mens rea

Question 58

Johnny Smith shot and killed his wife.Johnny's act is an example of:

A)double jeopardy.
B)stare decisis.
C)actus reus.
D)mens rea.

Question 59

A situation in which law enforcement officers or agents trick a person into committing a crime that the person would not otherwise have committed is called ________.

A)entrapment
B)duress
C)insanity
D)necessity

Question 60

The ________ is literally "the body of the offense."

A)corpus delicti
B)mens rea
C)actus reus
D)stare decisis

Question 61

Which of the following is the most commonly used standard for insanity?

A)The Civil Rule
B)The Durham Rule
C)The McNaughtan Rule
D)The American Law Institute Rule

Question 62

The ________ is a standard for insanity that asks whether the defendant's conduct was the product of a mental disease or defect.

A)Durham Rule
B)irresistible impulse test
C)American Law Institute Rule
D)McNaughtan Rule

Question 63

The ________ is a standard for insanity that asks whether the defendant was unable to know what he or she was doing or to distinguish right from wrong.

A)Durham Rule
B)American Law Institute Rule
C)Common law Rule
D)McNaughtan Rule

Question 64

The ________ is a standard for insanity that asks whether the defendant lacked substantial capacity to appreciate the criminality of the act or conform to the law.

A)American Law Institute Rule
B)irresistible impulse test
C)McNaughtan Rule
D)Durham Rule

Question 65

Which of the following is NOT one of the primary rules used to form the basis of the insanity defense in the United States?

A)The Freud Rule
B)The McNaughtan Rule
C)The Durham Rule
D)The American Law Institute Rule

Question 66

A person found guilty but mentally ill (GBMI)is:

A)recognized to be mentally ill,but is still considered criminally responsible for his crime.
B)acquitted of the criminal charges and discharged from the criminal justice system.
C)acquitted of the criminal charges and placed in a psychiatric hospital.
D)recognized to be mentally ill,but is not considered criminally responsible for his crime.

Question 67

________ is a standard for insanity that asks whether the defendant had a mental disease or defect,as a result of which the defendant was unable to control his or her behavior.

A)The entrapment test
B)The irresistible impulse test
C)The American Law Institute Rule
D)The Durham Rule

Question 68

When Michelle and her husband Dan went on a camping trip to a jungle in Florida,Dan was kidnapped by some tribal folks.A search party was launched,but Dan was never found.Believing her husband to be dead,Michelle married Hank.Dan suddenly reappeared two days after Michelle's second wedding.Which of the following defenses can Michelle use if Dan accuses her of bigamy?

A)Entrapment
B)Intoxication
C)Mistake
D)Duress

Question 69

Which of the following is a defense that sometimes protects very young offenders from criminal liability because they do not understand the consequences of their actions?

A)Infancy
B)Duress
C)Consent
D)Self-defense

Question 70

A football player who tackles and injures his opponent can escape criminal liability by using the defense of ________ because the victim actually gave him permission to engage in the act.

A)duress
B)consent
C)self-defense
D)infancy