Question 1

The term actus reus refers to the ____.

Accepted Answer

Actus reus is a Latin term that refers to the "guilty act" or the actual conduct that constitutes a crime. It is one of the two elements required to establish criminal liability, along with mens rea (the mental state or intent of the offender).

Question 2

The law today can generally be divided into three broad categories. Which of the following is not one of these categories?

Accepted Answer

The three broad categories of law are procedural criminal law, substantive criminal law, and civil law. There is no such thing as "procedural civil law." Therefore, choice D is not one of the three broad categories of law.

Question 3

Narcotics control laws, health and safety regulations, and sanitation laws are examples of what legal principle?

Accepted Answer

Strict liability holds individuals and organizations responsible for any harm caused, regardless of their intent or fault. Narcotics control laws, health and safety regulations, and sanitation laws fall under strict liability since they aim to protect public health and safety.

Question 4

The term insanity:

Accepted Answer

Insanity is a legal concept that relates to a person's mental state at the time of the offense they are accused of committing. The term is not the same as a mental illness or disorder, and it is not addressed by statute. Insanity refers to a specific legal defense that a defendant may raise in court, claiming that they were not able to appreciate the criminality of their actions or conform their behavior to the requirements of the law, due to their mental state at the time.

Question 5

Which of the following is not a source of criminal law?

Accepted Answer

Criminal law is derived from sources such as common law, statutes, and case decisions in judicial opinions. However, biblical decree is not considered a legal source of criminal law in most modern legal systems.

Question 6

What is the most common definition of a felony?

Accepted Answer

The most common definition of a felony is a crime punishable by death or imprisonment in a state prison. While option D is also partially correct since it mentions imprisonment for more than three years, it is not the most precise definition. Options B and C are incorrect as they do not specifically mention state prison or death as the possible punishment.

Question 7

The defense of mistake ultimately rests on proving a(n) ____.

Accepted Answer

The defense of mistake is based on the idea that the accused did not have the intent to commit the crime in question. Therefore, the defense must prove that the accused did not have the necessary mental state to be guilty of the crime, which typically requires proving a lack of intent or knowledge.

Question 8

Insanity, intoxication, and age are examples of what?

Accepted Answer

Insanity, intoxication, and age are examples of legal defenses used to negate the required proof of mens rea, or the intent to commit a crime. Insanity can render an individual incapable of forming the necessary intent, while intoxication and age can impact an individual's ability to understand the consequences of their actions.

Question 9

The individual's state of mind or intent to commit a crime is formally referred to as ____.

Accepted Answer

Mens rea refers to the mental state or intent of an individual when committing a crime. It is an essential element of most criminal offenses, as the law typically requires that a defendant acted with a guilty mind or had criminal intent to be convicted of a crime. The other options are not related to the defendant's mental state or intent.

Question 10

Crimes created by legislative bodies that reflect prevailing moral beliefs and practices are referred to as ____ crimes.

Accepted Answer

Mala prohibitum crimes are created by legislative bodies based on prevailing moral beliefs and practices. These crimes are not inherently wrong (male in se) but are considered wrong because they are prohibited by law. Stare decisis refers to the principle of following precedent, and torts refer to civil wrongs rather than criminal offenses.

Question 11

What desire underlies the broad purposes of the criminal law?

Accepted Answer

The broad purposes of the criminal law are to prevent and control unacceptable behavior and protect the citizenry. The criminal law exists to deter individuals from committing harm to others or society as a whole, and to provide consequences for those who do. While protecting individual liberties and enacting moral censure may be factors in specific criminal cases, they are not the underlying desires of the criminal law as a whole. Enacting the specific liberties in the Bill of Rights is the job of the judicial system, not the criminal law.

Question 12

The effect of intoxication upon criminal liability depends on:

Accepted Answer

Voluntary intoxication is relevant to determining criminal liability, as it can affect the defendant's ability to form criminal intent or act knowingly or intentionally. The type of intoxicant used, the timing of consumption, and prior convictions may be relevant in some cases, but they are not as significant as the voluntary nature of the intoxication.

Question 13

The term stare decisis meANSWER:

Accepted Answer

Stare decisis is a Latin term which means "to stand by decided cases." It refers to the legal principle of following established precedents set by previous court decisions. This principle helps ensure consistency and predictability in the legal system.

Question 14

Which standard of the insanity defense excuses a person whose mental disease makes it impossible to control their conduct?

Accepted Answer

The Irresistible Impulse Test is the standard of the insanity defense that excuses a person whose mental disease makes it impossible to control their conduct. This test focuses on the defendant's inability to control their actions at the time of the offense, rather than their ability to understand the wrongfulness of their actions.

Question 15

Regardless of its source, all criminal laws in the U.S. must conform to the rules and dictates of the:

Accepted Answer

The U.S. Constitution is the supreme law of the land and all criminal laws must be in accordance with it. The state supreme courts may interpret the state's criminal laws, but ultimately they must also adhere to the federal constitution. The Office of the President and United States Senate do not dictate criminal laws, as the power to create laws is vested in the legislative branch, specifically Congress.

Question 16

Which of the following is not legally considered a crime?

Accepted Answer

In most jurisdictions, being addicted to drugs is not considered a crime, but rather a public health issue. However, possession or use of drugs can be considered a crime, as well as manufacturing and selling them.

Question 17

American civil law is primarily concerned with:

Accepted Answer

American civil law focuses on compensating individuals who have been harmed by another party's actions or negligence. This includes personal injury, property damage, and other types of losses. The goal is to make the injured party "whole" by providing compensation that covers the cost of their losses and helps them get back to where they were before the harm occurred.

Option B is more relevant to criminal law, which is concerned with protecting the public from harm and punishing those who violate the law. Option C is more closely related to social norms and culture, which are outside the purview of civil law. Option D refers to contract law, which is a subset of civil law but is not the primary focus of American civil law.

Question 18

Which of the following statements is false regarding the comparison of felonies and misdemeanors?

Accepted Answer

This statement is false because an arrest for a misdemeanor can only be made if the misdemeanor was committed in the officer's presence, whereas for a felony, an arrest can be made even if the officer didn't witness the crime but had reasonable grounds to believe the person committed the offense.

Question 19

Certain statutory offenses exist in which mens rea is not essential. These offenses fall within a category known as:

Accepted Answer

Strict liability crimes are those offenses in which the prosecution is not required to prove mens rea or criminal intent. In these cases, the defendant can be found guilty solely based on the commission of the actus reus, or the prohibited conduct. Examples of strict liability offenses include traffic violations, selling alcohol to minors, and certain environmental crimes.

Question 20

Which of the following statements does not apply to criminal law?

Accepted Answer

Both parties cannot appeal in criminal law. Only the defendant can appeal the verdict if they have been found guilty. The prosecution cannot appeal if the defendant is found not guilty.

Quiz 3: Criminal Law: Substance and Procedure