Question 1

Procedural law outlines the rules for that jurisdiction regarding selection of juries, appellate processes, evidence presented to a jury, and representation of counsel.

Accepted Answer

Procedural law governs the mechanics of how a legal case flows, including jury selection, the process of appeals, how evidence is presented, and the rules regarding legal representation, among other procedural aspects of the legal process.

Question 2

One's intent while committing a crime is usually easy to establish.

Accepted Answer

Intent is often subjective and can be difficult to prove, as it involves understanding the mindset of the individual at the time of the crime, which is not always clearly evident or observable.

Question 3

Which are considered less serious offenses and can be punished by less than 1 year incarceration in jail?

Accepted Answer

Misdemeanors are considered less serious offenses and are typically punishable by less than 1 year of incarceration in jail.

Question 4

The American legal system is based on the French civil code.

Accepted Answer

The American legal system is primarily based on English common law, not the French civil code.

Question 5

Jack and Jill plan to shoplift from a convenience store.While Jack walked out with a case of beer he did not pay for, the store clerk confronted Jill, who shot and killed the clerk.Both Jack and Jill are apprehended and charged with first-degree murder.What does this case illustrate?

Accepted Answer

The felony-murder rule applies here, as it holds that if a killing occurs during the commission of a felony (in this case, shoplifting), all participants in the felony can be charged with first-degree murder, regardless of who actually committed the killing.

Question 6

Substantive law establishes the definition of criminal acts, such as burglary and theft, and also describes the punishment for those who violate the law.

Accepted Answer

The answer of Substantive law establishes the definition of criminal...

Question 7

Which of the following is the unlawful, intentional killing of a human being with premeditation and malice aforethought?

Accepted Answer

Murder in the first degree is defined as the unlawful, intentional killing of a human being with premeditation and malice aforethought, distinguishing it from other forms of homicide by the elements of premeditation and malice.

Question 8

College student Lily and her roommate took someone else's coffee and doughnuts from the student union coffee shop.They were chased by a customer from the coffee shop, who was hit by a car as Lily and her roommate raced across the street.With what offense are Lily and her roommate most likely to be charged?

Accepted Answer

Involuntary manslaughter is the most likely charge because Lily and her roommate's actions were unintentional but reckless, leading to the death of the customer. They did not intend to kill, but their actions indirectly caused the death.

Question 9

Which offenses are punishable by death or have a possible sentence of more than 1 year of incarceration?

Accepted Answer

Felonies are serious crimes that are punishable by death or imprisonment for more than one year.

Question 10

Which crime involves taking or attempting to take anything of value from another person by force or threat of force or violence, during which the victim is in fear of injury or death?

Accepted Answer

Robbery is defined as the act of taking or attempting to take something of value from another person by force or threat of force or violence, with the victim being in fear of injury or death.

Question 11

Aaron returns home after school to find his apartment has been ransacked.His tablet computer and television are missing.Aaron is the victim of what crime?

Accepted Answer

Burglary involves entering a building unlawfully with intent to commit a crime, typically theft, without the use of force against a victim. Since Aaron's apartment was entered without permission and items were stolen in his absence, this constitutes burglary.

Question 12

The hierarchy rule is utilized in which of the following reporting systems?

Accepted Answer

The hierarchy rule is used in the Uniform Crime Report (UCR) system. This rule requires that when more than one criminal offense is classified within a single incident, only the most serious offense is counted for reporting purposes.

Question 13

Which of the following crimes is classified by the Uniform Crime Report as a Part II offense?

Accepted Answer

The answer of Which of the following crimes is classified...

Question 14

In a typical criminal case, the prosecutor must establish that (a) the accused committed the illegal act and (b) the accused had the necessary mental state.

Accepted Answer

In criminal law, the prosecutor must prove both the actus reus (the physical act of the crime) and the mens rea (the mental intent to commit the crime) to establish the defendant's guilt.

Question 15

Steve's 97-year-old mother-in-law fell down the stairs at his house, and she said she could not get up.She also complained of chest pains and shortness of breath and asked Steve to call an ambulance because she thought she was having a heart attack.Steve assumed his mother-in-law was being overly dramatic and ignored her.When he went to check on her several hours later, she was dead.Steve could conceivably be prosecuted for his failure to act.

Accepted Answer

Steve had a legal duty to act because of his relationship to the victim and the circumstances (her being in his house and in distress). His failure to seek medical help when she was in obvious need could lead to charges such as manslaughter due to negligence.

Question 16

It is July in Phoenix, Arizona, and Jeff is running errands with his 6-month-old daughter strapped into her carrier in the back seat.Jeff stops at work to grab some files but gets waylaid by coworkers and ends up spending 3 hours at the office.When Jeff returns to the car, he finds his child unresponsive, apparently overcome with the heat.The child is pronounced dead at the hospital.With what crime is Jeff likely to be charged?

Accepted Answer

Involuntary manslaughter is the likely charge because Jeff's actions were negligent and resulted in death, but there was no intent to harm or kill.

Question 17

The major difference between civil and criminal matters is the penalty.

Accepted Answer

Civil matters typically involve disputes between individuals or organizations, often resulting in monetary compensation, while criminal matters involve offenses against the state, potentially leading to imprisonment or fines.

Question 18

The doctrine of stare decisis (Latin for "to stand by things settled") states that once a court has established a principle of law, it will apply to all future cases in which the facts are substantially the same.

Accepted Answer

Stare decisis is a legal principle that obligates courts to follow historical cases when making a ruling on a similar case. It ensures consistency and predictability in the law by binding courts to follow legal precedents set by previous decisions.

Question 19

State constitutions may give less protection and rights than the federal constitution, but they cannot give more.

Accepted Answer

State constitutions can provide more protections and rights than the federal constitution, but they cannot provide less. States often expand upon the rights guaranteed by the U.S. Constitution.

Question 20

The United States Constitution is the supreme law of the land and takes precedence over state constitutions and law.

Accepted Answer

The Supremacy Clause in Article VI of the United States Constitution establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

Quiz 2: Foundations of Law and Crime: Nature, Elements, and Measurement