Question 1

It is generally held that a crime cannot be committed by a child under the age of:

Accepted Answer

In many legal systems, the age of criminal responsibility is set at 7, meaning children under this age are generally considered incapable of committing a crime.

Question 2

The Federal Bureau of Investigation is under the:

Accepted Answer

The Federal Bureau of Investigation (FBI) is under the Department of Justice.

Question 3

Which of the following is a mala prohibitum offense?

Accepted Answer

Speeding is a mala prohibitum offense because it is a violation of traffic law and not inherently immoral. The other offenses listed are all considered mala in se offenses because they are inherently immoral and violate basic societal morals and values.

Question 4

"Strict liability in tort" is also known as:

Accepted Answer

Strict liability is a type of liability without fault, meaning that a person can be held liable for harm caused by their actions or products even if they were not negligent or intentional in causing the harm. Gross negligence (A) involves a higher level of fault than ordinary negligence, while comparative negligence (B) involves apportioning fault between parties based on their relative level of negligence. Intentional liability (C) involves the purposeful or knowing infliction of harm, and last clear chance (D) is a doctrine applied in some states where a plaintiff who is partially at fault for their injuries can still recover if the defendant had the "last clear chance" to avoid the harm.

Question 5

The Uniform Crime Reports are published by:

Accepted Answer

The Uniform Crime Reports are published by the Federal Bureau of Investigation (FBI).

Question 6

Giving or attempting to give to another person an instrument known to be false with intent to defraud is:

Accepted Answer

Uttering is the act of knowingly passing or attempting to pass a forged, altered or counterfeit instrument to someone else with the intent to defraud.

Question 7

A legal theory under which a person can be held liable for damage or injury even if not at fault or negligent is known as:

Accepted Answer

Strict liability is a legal theory where a person can be held liable for damages or injury even if they were not at fault or were not negligent. This is often applied in cases involving dangerous or defective products, where the manufacturer can be held liable for any harm caused by their product regardless of whether they were aware of the defect or not.

Question 8

The theory of law that vicariously imposes liability on the principal for acts of his or her agent is known as:

Accepted Answer

The theory of law that vicariously imposes liability on the principal for acts of his or her agent is known as "Respondeat superior". It is also known as "master servant" or "vicarious liability." Under this doctrine, an employer or principal can be held legally responsible for the wrongful acts committed by an employee or agent while acting within the scope of their employment or agency.

Question 9

The corrupt procurement of another to commit perjury is:

Accepted Answer

The act of corruptly procuring someone else to commit perjury is known as subornation of perjury. Therefore, choice D is the best answer.

Question 10

The relationship in which two parties agree that one will act as a representative of the other is known as a(n):

Accepted Answer

An agency relationship is formed when one person (the principal) agrees that another person (the agent) will act on their behalf and make decisions or take actions that affect the principal's legal rights and obligations. The agent owes a fiduciary duty to the principal, meaning they must act in the principal's best interests and not use their position for personal gain. This type of relationship is common in business, particularly in situations where a company hires employees or independent contractors to represent the company's interests.

Question 11

The requirement that certain types of contracts be in writing in order for a contract to be enforceable in a lawsuit is known as a:

Accepted Answer

The requirement that certain types of contracts be in writing in order for them to be enforceable in a lawsuit is called the statute of frauds. This includes contracts for the sale of real estate, contracts that cannot be performed within one year, contracts to pay someone else's debt, and contracts for the sale of goods over a certain dollar amount. The purpose of the statute of frauds is to prevent fraudulent claims and to ensure that parties are clear about the terms of their agreement.

Question 12

When a person in his or her private capacity and not as a public official uses written or oral threats of force or fright and demands money or property to which he or she is not entitled, the crime committed is:

Accepted Answer

The definition given in the question matches the crime of blackmail, which involves making threats in order to obtain money or property from someone else. Criminal defamation involves making false statements about someone else with the intent to harm their reputation, while bribery involves offering or receiving something of value in exchange for influence or favors. Misprision of a felony involves failing to report knowledge of a felony to the authorities.

Question 13

If the agent commits a tort:

Accepted Answer

If the agent commits a tort, they are personally responsible to the injured party regardless of whether they were working for the principal at the time or acting within the scope of employment. A written contract with the employer also does not absolve the agent of personal liability.

Question 14

If S, a subordinate, while acting within the scope of employment, injures T and T dies, S's superior:

Accepted Answer

The doctrine of respondeat superior holds employers vicariously liable for the actions of their employees committed within the scope of employment. Therefore, in this scenario, S's superior can be held liable in a civil suit for damages. However, criminal liability would depend on the specific circumstances and intent of the act.

Question 15

The prohibition against being tried twice for the same crime is found in the:

Accepted Answer

The prohibition against being tried twice for the same crime, also known as double jeopardy, is found in the Fifth Amendment of the US. Constitution.

Question 16

Richard Roe came home early from work and found his wife in bed with another man. Roe become immediately incensed and killed both. He is probably guilty of:

Accepted Answer

Roe's actions were likely a result of a sudden and intense provocation, which could lead to a finding of voluntary manslaughter. This is because he acted in the heat of passion, which negates the element of premeditation required for murder. Involuntary manslaughter involves unintentionally killing someone, and second-degree murder involves intentionally killing someone without premeditation, which doesn't fit the facts of this scenario.

Question 17

Crimes that do not require any mens rea (guilty intent) or negligence are commonly described as:

Accepted Answer

Strict liability crimes do not require any mens rea or negligence. These crimes are based on the principle that the act itself is inherently dangerous or harmful, and therefore, the person responsible for committing the act can be held liable regardless of whether they intended to commit the crime or not. Examples of strict liability crimes include speeding, selling alcohol to a minor, and environmental offenses.

Question 18

An employer is responsible for the acts of his or her employee committed within:

Accepted Answer

The principle of vicarious liability holds an employer responsible for the actions of his/her employees, particularly those made within the scope of their employment. This means that any act committed by an employee while carrying out duties assigned by the employer, or while acting on behalf of the employer, is the responsibility of the employer.

Question 19

Deadly force may be used to defend oneself if:

Accepted Answer

Deadly force may only be used in self-defense if someone reasonably believes it is necessary to protect themselves or others from unlawful use of deadly force by a third party. Defending one's home or property does not necessarily justify the use of deadly force.

Question 20

A principal will be liable for the contracts entered into by his or her agents in emergency situations under the theory of:

Accepted Answer

The theory of agency by operation of law applies when an emergency situation arises, and an agent takes necessary actions on behalf of the principal to protect the principal's interests. In such cases, the principal may be held liable for the contracts entered into by the agent. This theory is based on the principle of necessity, which allows an agent to act in the absence of explicit authority in a situation where delay could cause harm to the principal's interests.

Exam 1: ASIS Certified Protection Professional