Deck 1: The Nature, Purpose, and Function of Criminal Law

Question 1

______ offenses are not "inherently evil" and only are considered wrong because they are prohibited by a statute.

A) Mala in se
B) Mala prohibita
C) Mens rea
D) Moral crimes

Answer 1

B

Question 2

All of the following are required for most crimes to occur EXCEPT ______.

A) criminal defense
B) concurrence
C) criminal act
D) criminal intent

Answer 2

A

Question 3

The ______ of the United States Constitution provides that the federal law is superior to a state law within those areas that are preserved for the federal government.

A) Constitution
B) state criminal code
C) federal criminal code
D) Supremacy Clause

Answer 3

D

Question 4

A ______ is whatever the law declares to be a criminal offense and punishes with a penalty.

A) crime
B) deviance
C) felony
D) misdemeanor

Question 5

______ crimes are considered "inherently evil" and would be evil even if not prohibited by law.

A) Mala in se
B) Mala prohibita
C) Mens rea
D) Moral crimes

Question 6

______ is defined as an injury to a person or to his or her property.

A) Tort
B) Misdemeanor
C) Grievance
D) Felony

Question 7

A crime punishable by death or imprisonment for more than one year is referred to as a ______.

A) felony
B) misdemeanor
C) personal injury
D) infraction

Question 8

Some states remain ______, meaning that the common law may be applied where the state legislature has not adopted a law in a particular area.

A) English law states
B) federal state statutes
C) common law states
D) federal law states

Question 9

The term ______ is used in some states to refer to crimes subject to between 6 and 12 months in prison.

A) petty misdemeanor
B) gross misdemeanor
C) petty felony
D) gross felony

Question 10

______ are crimes subject to the death penalty or life in prison.

A) Dangerous felonies
B) Evil crimes
C) Capital felonies
D) Capital misdemeanors

Question 11

A ______ is a crime punishable by less than a year in prison.

A) felony
B) misdemeanor
C) personal injury
D) infraction

Question 12

The ______ compiles the criminal laws adopted by the United States Congress.

A) Constitution
B) state criminal code
C) federal criminal code
D) Supremacy Clause

Question 13

All of the following are considered to be sources of criminal law in the United States EXCEPT ______.

A) English and American common law
B) state criminal codes
C) international treaties
D) international tribunal

Question 14

Which of the following states that when federal and state laws conflict, federal law is superior?

A) federal criminal code
B) preemption doctrine
C) Tenth Amendment
D) Model Penal Code

Question 15

The sharing of power between the federal and state governments is referred to as ______.

A) dual sovereignty
B) independent power
C) federal state relationship
D) dual law

Question 16

The ______ is/are the foundation of American criminal law.

A) state criminal code
B) federal criminal code
C) international treaties
D) English common law

Question 17

The branch of the law that protects the individual rather than the public interest is known as ______.

A) criminal law
B) individual law
C) lawsuit
D) civil law

Question 18

Legal action for civil wrongs is brought by individuals rather than ______.

A) magistrates
B) state prosecutors
C) defense attorneys
D) arresting officers

Question 19

All of the following are considered to bed basic principles that comprise the general part of criminal law EXCEPT ______.

A) criminal act
B) defenses
C) knowledge of the law
D) responsibility

Question 20

______ involves a study of the legal standards governing the detection, investigation, and prosecution of crime.

A) Substantive criminal law
B) Criminal procedure
C) Substantive criminal procedure
D) Law school

Question 21

According to the text, the central point of Hart's definition of crime is that a crime ______.

A) is subject to formal condemnation by a judge and jury
B) carries a sense of shame and humiliation
C) is followed with swift punishment
D) will be placed on a person's record

Question 22

A man who was recently imprisoned for a felony was released just a month ago. As a result of his conviction, he can face all of the following challenges EXCEPT ______.

A) bar you from any and all employment
B) bar you from being admitted to the armed forces
C) unable to adopt a child
D) unable to be licensed in various professions

Question 23

______ allow a state to incorporate the common law as an unwritten part of the criminal law?

A) Code jurisdictions
B) Common law statutes
C) Reception statutes
D) Federally mandated incorporations

Question 24

Aiesha is the defendant in a criminal trial. She knows if she is found guilty she will likely face less than 6 months imprisonment. What type of offense has she been charged with?

A) gross misdemeanor
B) petty misdemeanor
C) first-degree felony
D) minor felony

Question 25

Ian is a new attorney who has begun his own law practice. His first client comes seeking advice. The client recounts a series of events in which an altercation broke out last night at the local tavern. He asks Ian what possible charges he may face for his role in the barroom brawl. What he is asking for requires an understanding of ______.

A) criminal procedure
B) due process
C) substantive criminal law
D) criminal intent

Question 26

The study of ______ involves the analysis of the definition of specific crimes and of the general principles that apply to all crimes.

A) substantive criminal law
B) criminal procedure
C) substantive criminal procedure
D) law school

Question 27

Which of the following best identifies the basic principles of criminal law?

A) criminal act, criminal intent, concurrence, causation, responsibility, and defenses
B) criminal act, criminal intent, concurrence, causation, justification, and defenses
C) criminal act, criminal intent, concurrence, plea bargain, responsibility, and defenses
D) criminal act, criminal intent, concurrence, causation, responsibility, and sentencing

Question 28

Monika is the defendant in a criminal trial. After days of jury deliberation she is found guilty. The judge quickly moves into the sentencing phase. Later the same day, she is sentenced to 7 months in prison. She most likely committed ______.

A) felony
B) second-degree murder
C) gross or petty misdemeanor
D) a violation or infraction

Question 29

Minor criminal acts with no imprisonment term because they cause modest social harm are referred to as ______.

A) gross misdemeanors
B) petty misdemeanors
C) crimes against public morals
D) violations or infractions

Question 30

John lives in an apartment in downtown Chicago. While the rent is cheap, it is infested with bugs and inconvenient to get to from the train. His lease is not up for 4 more months but he is thinking about moving out anyway. If he does so and his landlord seeks legal advice to claim the unpaid rent, his remedy likely falls within which realm?

A) substantive criminal law
B) criminal procedure
C) civil law
D) administrative law

Question 31

Isaac has committed a felony. He has not yet gone to trial and is hoping to work out a plea bargain with the prosecution. While he is certain he faces jail time, he is hoping to ensure he does not have to serve more than a year because he has a wife and kids and cannot stand the thought of being away from them. Isaac is hoping to be charged with a ______.

A) misdemeanor
B) petty felony
C) violation
D) capital felony

Question 32

Honorable Judge Casey has sat on the bench for 15 years. He has seen it all. His judicial decisions have impacted thousands in the community. What is the significance of his judicial decisions in criminal law?

A) All other courts must abide by his decisions.
B) They serve as precedents for future cases and other legislative issues.
C) They have no significance outside of the specific case that was decided.
D) Decisions serve as study guides for students only.

Question 33

Fiona wants to be a criminologist. She hopes to focus her studies on prosecutorial misconduct and the administration of justice. Her interests are examples of ______.

A) substantive criminal law
B) criminal procedure
C) defenses
D) due process

Question 34

What is the foundation of the criminal justice system?

A) the criminal law
B) the administrative law
C) the common law
D) the constitutional law

Question 35

What is the foundation of the criminal justice system?

A) criminal law
B) judicial code
C) state statutes
D) Model Penal Code

Question 36

Which of the following includes the duty to protect the well-being and tranquility of a community and prohibit acts that may bring harm to its people?

A) municipal ordinances
B) English acts of Parliament
C) crimes against public order
D) state police power

Question 37

Eric was driving his vehicle excessively fast in order to get to ComicCon on time. He was driving 79 in a 65 mph zone. He is pulled over by a stealthy police officer and written a ticket that carries a large fine. His behavior would likely be classified as a ______.

A) misdemeanor
B) felony
C) capital felony
D) violation or infraction

Question 38

Abigail has been having some hard times financially. She recently lost her job and is finding it difficult to make ends meet. She has been considering breaking in to homes in a nice neighborhood to see what she can find to take to the pawn shop. She knows that stealing is wrong but thinks people may not notice if she takes items they don't need. Abigail is considering committing which type of crime?

A) mala in se
B) mala prohibita
C) due process violations
D) search and seizure

Question 39

Tom works hard throughout the week and very much looks forward to his weekends. He thinks that his hard work earns him as many drinks as he wants. Last night, he went to a party and drank quite a bit and then decided to take a walk in the local park because he knew he was too intoxicated to drive. Despite it being 1
A)m. he was singing at the top of his lungs and local residents called the police to complain about his behavior. If he is found to have committed a crime it would likely be which of the following?

A) mala in se
B) mala prohibita
C) crimes against property
D) crimes against persons

Question 40

The ______ is a standardized set of laws established to encourage states to adopt a uniform codes and corresponding definitions.

A) common law
B) Model Penal Code
C) state criminal codes
D) international treaties

Question 41

The United States does not have a system of dual sovereignty.

Question 42

Criminal procedure is concerned with "what law is enforced."

Question 43

The severity of the punishment imposed is not based on the seriousness of the particular offense.

Question 44

All criminal convictions result in a fine or imprisonment.

Question 45

Krissy is a rebel despite no longer being a teenager. After a recent disagreement with her parents she decides she is going to teach them a lesson. She plans to commit a crime. What classification of crime will result in the lightest sentence if found guilty?

A) petty misdemeanor
B) felony
C) misdemeanor
D) violation

Question 46

Common law does not continue to play a role in states' laws.

Question 47

A broad variety of acts are defined as crimes.

Question 48

It is constitutionally permissible to prosecute a defendant for the same act at both the state and federal levels as long as the criminal charges differ slightly.

Question 49

Whether a conviction is for a felony or misdemeanor is determined by the punishment provided in the statute under which an individual is convicted rather than by the actual punishment imposed.

Question 50

Moral turpitude plays a role in classifying which types of crimes?

A) felonies and misdemeanors
B) mala in se and mala prohibita
C) gross and petty misdemeanors
D) violations and infractions

Question 51

Criminal law defines the acts that may lead to an arrest, prosecution, and imprisonment.

Question 52

The fact that there is a significant degree of agreement in the definition of crimes in state codes, to a larger extent, is due to the Model Penal Code.

Question 53

A misdemeanor conviction can prevent you from being licensed to practice various professions and bar you from being admitted into certain federal positions.

Question 54

The ability of legislators to enact criminal laws is not limited by public opinion.

Question 55

The distinctive characteristic of common law is that this is, for the most part, the product of decisions of juries in actual cases.

Question 56

The difference between a civil and criminal action is always clear.

Question 57

Which common law crimes had been developed by the year 1600?

A) arson, burglary, larceny, manslaughter
B) mayhem, rape, robbery, embezzlement
C) false pretenses, sedition, solicitation, blasphemy
D) rape, mayhem, blasphemy, sedition

Question 58

The English common law is the foundation of American criminal law.

Question 59

The primary purpose or function of criminal law is to help maintain social order and stability.

Question 60

A legal action in which one individual receives financial compensation from another individual for physical and emotional injuries was likely the result of ______.

A) the commission of a tort
B) the commission of a crime
C) certainty beyond a reasonable doubt
D) due process

Question 61

What is the difference between substantive criminal law and criminal procedure?

Question 62

Why is the Model Penal Code significant?

Question 63

What is criminal law?

Question 64

Police powers enable the state to create legislation on any matter the police deem necessary.

Question 65

Describe the origins and development of the English common law and its eventual transportation to the American colonies.

Question 66

What is the purpose of criminal law?

Question 67

What is the difference between mala in se and mala prohibita crimes? Provide one example for each.

Question 68

Discuss the limitations that the U.S. Constitution places on criminal law.

Question 69

Professors Jerome Hall and Wayne R. LaFave identify the basic principles that comprise the general part of criminal law. List and describe these parts of criminal law and explain their importance.

Question 70

What is a crime?

Question 71

Explain why the U.S. Constitution states that federal laws may not encroach upon state powers.

Question 72

States possess broad police powers to legislate for public health safety and welfare of the residents of the state.

Question 73

What is the difference between criminal law and civil law?

Question 74

What is considered a crime in one state will always be considered a crime in a neighboring state.

Question 75

What is dual sovereignty? How can a defendant be prosecuted for the same act at both the state and federal levels? Use the Rodney King case to develop support for your answer.

Question 76

List five of the seven sources of criminal law in the United States.

Question 77

For each of the subject matter classifications, provide at least one example.

Question 78

A judge has the discretion to issue a mere warning to a criminal defendant instead of requiring payment of a fine, as in the case of a misdemeanor, or a term of imprisonment, in the case of a felony.

Question 79

List the eight classification categories of crime according to their subject matter.