Deck 4: Criminal Law

Question 1

Some laws specify necessary ________ circumstances that must be present for a conviction to be obtained.

A)third party
B)criminal
C)attendant
D)special

Answer 1

C

Question 2

Bob runs a stop sign.He didn't see the sign and he did not intend to break the law.Bob is guilty of a(n)________ offense.

A)strict liability
B)procedural
C)juvenile
D)inchoate

Answer 2

A

Question 3

Which crime best describes an attempt by a U.S.citizen to overthrow the government of the United States?

A)Espionage
B)Conspiracy
C)Treason
D)Infraction

Answer 3

C

Question 4

Which of the following is an inchoate offense?

A)Conspiracy
B)Arson
C)Simple assault
D)Treason

Question 5

To establish the ________ of a crime,the state must show that a criminal law was violated and that someone violated it.

A)corpus delicti
B)stare decisis
C)mens rea
D)collateral estoppel

Question 6

Typically,the main objective of a civil lawsuit is to

A)punish a wrongdoer.
B)seek compensation.
C)deter others from committing a similar offense.
D)protect society.

Question 7

Which of the following is an example of a procedural defense?

A)The defendant was in another state at the time the crime occurred.
B)The defendant committed the crime under duress.
C)The defendant committed the crime in self-defense.
D)The defendant was denied his right to a speedy trial.

Question 8

Which of the following types of law is based on the assumption that acts injure not just individuals,but society as a whole?

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

Question 9

In many states,________ principles are used to interpret many legal issues.

A)case law
B)common law
C)jurisprudence
D)stare decisis

Question 10

Self-defense falls into which category of defenses to a criminal charge?

A)Alibi
B)Procedural defense
C)Excuse
D)Justification

Question 11

Your friend has been convicted of a crime and been sentenced to a term of six months of incarceration.Your friend most likely committed a(n)

A)felony.
B)act of treason.
C)misdemeanor.
D)infraction.

Question 12

Which type of law is also known as the "law on the books"?

A)statutory law
B)natural law
C)procedural law
D)administrative law

Question 13

The concept of ________ expresses the belief that an orderly society must be governed by established principles to maintain order.

A)Rule of law
B)Stare decisis
C)Codification
D)Inchoate

Question 14

Under the principle of legality,________ laws,which hold a person legally responsible for acts committed before the law was passed,are not binding.

A)inchoate
B)exigent circumstance
C)ex post facto
D)stare decisis

Question 15

Which of the following is an example of procedural law?

A)The law that defines the crime of first degree and specifies the appropriate punishment
B)A vehicle regulation law
C)A law that specifies when a search warrant may be issued to the police
D)A law that places restrictions on how a corporation may dispose of hazardous waste

Question 16

A legal defense in which the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil is called a(n)

A)alibi.
B)procedural defense.
C)justification.
D)insanity.

Question 17

On your way to work,you hit and kill a pedestrian because you were texting while driving.Which type of mens rea most likely exists in this situation?

A)Reckless
B)Negligent
C)Purposeful
D)Knowing

Question 18

Which of the following refers to the criminal act element of the crime?

A)Actus reus
B)Mens rea
C)Corpus delicti
D)Concurrence

Question 19

________ requires that the criminal act and the mental state occur together in order for a crime to take place.

A)Causation
B)Attendant circumstances
C)Concurrence
D)Corpus delicti

Question 20

________ is a legal principle that ensures that previous judicial decisions are considered when settling similar future cases.

A)Precedent
B)Statutory law
C)Tort
D)Inchoate

Question 21

In which of the following situations can an offender claim the constitutional protection of double jeopardy?

A)The members of the trial jury cannot agree on a verdict,resulting in a hung jury,and the state orders a new trial.
B)The offender's conviction has been set aside because of a procedural error and the state plans to retry him on the same charges.
C)After the offender was acquitted,new evidence conclusively proving his guilt was uncovered and the prosecutor calls for a new trial.
D)After the offender was acquitted in criminal court,he is tried in civil court.

Question 22

Stare decisis helps ensure predictability in the law and consistency in judicial decisions.

Question 23

Which U.S.Constitutional Amendment guarantees the right to a speedy trial?

A)Fourth
B)Sixth
C)Fifth
D)Eighth

Question 24

Common law originates from usage and custom rather than from written statutes.

Question 25

________ is a defense claiming that the defendant's ability to understand the wrongfulness of his or her behavior is significantly impaired.

A)Mental incompetence
B)Insanity
C)Temporary insanity
D)Diminished capacity

Question 26

Because you are late for class,you do not observe the speed limit in a school zone and hit a child.This is an example of knowing behavior or mens rea.

Question 27

Civil law is the part of the law that specifies the methods to be used in enforcing substantive law and is part of the criminal law system.

Question 28

In most GBMI jurisdictions,which of the following is not required for the jury to return a finding of "guilty but mentally ill?"

A)Every statutory element necessary for a conviction has been proven beyond a reasonable doubt.
B)The defendant was not found to have been legally insane at the time the crime was committed.
C)The defendant is found to have been mentally ill at the time the crime was committed.
D)The defendant is found to have exhibited psychopathic tendencies prior to the crime.

Question 29

Civil suits typically seek punishment rather than compensation.

Question 30

The ________ defense has been used in cases involving wives who have killed their husbands after suffering years of abuse.

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

Question 31

The ________ holds that individuals cannot be held criminally responsible for their actions if at the time of the crime they did not know what they were doing or did not know that their actions were wrong.

A)substantial capacity test
B)irresistible-impulse test
C)M'Naghten rule
D)Durham rule

Question 32

The ________ rule of law holds that a person can only defend a third party under circumstances and only to the degree that the third party could act.

A)M'Naghten
B)stand your ground
C)alter ego
D)retreat

Question 33

Mental incompetence refers to the offender's mental condition

A)at the time the crime was committed.
B)at the time he or she was arrested.
C)immediately prior to prosecution.
D)during the sentencing hearing.

Question 34

Procedural law is one type of statutory law.

Question 35

A sentence of two years in prison is a reasonable sentence for an offender convicted of an infraction.

Question 36

The rule of law allows people to disagree with the law but not to disobey the law.

Question 37

Case law is the written or codified law that is enacted by a government body or agency having the power to make laws.

Question 38

Statutory rape is a strict liability crime.

Question 39

Espionage can only be committed by a citizen of the United States.

Question 40

Which of the following refers to improper or illegal inducement to crime by enforcement agents?

A)police fraud
B)entrapment
C)collateral estoppel
D)prosecutorial misconduct

Question 41

Deadly force may be used in the defense of home and property.

Question 42

A(n)________ crime does not require the offender to have mens rea.

Question 43

Wrongful acts that violate the civil law are known as ________.

Question 44

Stand-your-ground laws allow a defendant to claim that force was used in self-defense even if it would have been possible to escape the situation instead of using force.

Question 45

A defendant convicted as a result of planted evidence may be able to use a defense of police fraud

Question 46

Age is a justification defense.

Question 47

Entrapment is an example of a procedural defense.

Question 48

If a law prohibiting a specific action goes into effect tomorrow,you cannot be punished for engaging in that action today.

Question 49

If you commit a(n)________,you will probably receive a ticket rather than a more severe punishment like jail time.

Question 50

A(n)________ offense is one that has not been fully carried out.

Question 51

While committing a bank robbery you fire your weapon at the armed security guard but miss and kill an unarmed customer instead.Although you did not intend to kill the customer,you may be found guilty of murder under the doctrine of ________.

Question 52

A defendant who has been acquitted in criminal court can be tried in civil court without violating the principle of double jeopardy.

Question 53

According to the Supreme Court,eliminating the insanity defense violates the U.S.Constitution.

Question 54

Because you can prove that you were visiting family in Canada when a crime occurred on campus,you may use an alibi defense.

Question 55

According to the ________,those who make the laws must also abide by them.

Question 56

In most jurisdictions,you are allowed to use deadly force to prevent someone from taking or damaging your property.

Question 57

A key element of the corpus delicti of a crime is the identity of the person who committed it.

Question 58

It is not necessary to establish every element of a crime beyond a reasonable doubt in order to find a defendant guilty of that crime.

Question 59

According to the law of ________,a judge should consider the reasonings of prior courts when deciding a case.

Question 60

The M'Naghten rule focuses on the defendant's ability to distinguish right from wrong at the time of the crime.

Question 61

Match the type of law to its description.

A)The law of precedent
B)The body of law originating from usage and custom rather than from written statutes
C)Written,codified laws describing what constitutes particular crimes and specifies the appropriate punishment for the offense
D)The body of rules that regulate how legal rights are enforced
E)Written,codified laws
F)The body of regulations created by governments to control the activities of industries,businesses,and individuals
G)The law governing relationships between and among people,businesses and other organizations,and agencies of government
H)The rules and regulations that define and specify the nature of and punishments for offenses of a public nature or wrongs committed against society or the state
Common law

Question 62

________ force is the degree of force that is appropriate in a given situation and is not excessive.

Question 63

Match the category of crime to its definition.

A)Actions by a U.S.citizen to help a foreign government overthrow,make war against,or seriously injure the U.S.
B)A minor violation of the law usually punished by a ticket
C)Gathering,transmitting,or losing information related to the national defense in such a way that it becomes available to enemies of the U.S.and may be used to their advantage.
D)A serious crime punishable by death or by incarceration of at least one year in prison
E)A crime that has not been fully carried out
F)A relatively minor crime that is punishable by up to one year of incarceration in a local jail
Treason

Question 64

A defendant using the defense of ________ argues that his ability to understand the wrongfulness of his behavior or control his wrongful behavior is severely impaired.

Question 65

The defense of ________ claims that the defendant was compelled to commit the crime because of an unlawful threat.

Question 66

To establish the ________ of a crime,the state must show that a law was violated and that someone violated it.

Question 67

Match the type of law to its description.

A)The law of precedent
B)The body of law originating from usage and custom rather than from written statutes
C)Written,codified laws describing what constitutes particular crimes and specifies the appropriate punishment for the offense
D)The body of rules that regulate how legal rights are enforced
E)Written,codified laws
F)The body of regulations created by governments to control the activities of industries,businesses,and individuals
G)The law governing relationships between and among people,businesses and other organizations,and agencies of government
H)The rules and regulations that define and specify the nature of and punishments for offenses of a public nature or wrongs committed against society or the state
Case law

Question 68

________ is an improper or illegal inducement to crime by agents of law enforcement.

Question 69

Match the type of law to its description.

A)The law of precedent
B)The body of law originating from usage and custom rather than from written statutes
C)Written,codified laws describing what constitutes particular crimes and specifies the appropriate punishment for the offense
D)The body of rules that regulate how legal rights are enforced
E)Written,codified laws
F)The body of regulations created by governments to control the activities of industries,businesses,and individuals
G)The law governing relationships between and among people,businesses and other organizations,and agencies of government
H)The rules and regulations that define and specify the nature of and punishments for offenses of a public nature or wrongs committed against society or the state
Statutory law

Question 70

Match the type of law to its description.

A)The law of precedent
B)The body of law originating from usage and custom rather than from written statutes
C)Written,codified laws describing what constitutes particular crimes and specifies the appropriate punishment for the offense
D)The body of rules that regulate how legal rights are enforced
E)Written,codified laws
F)The body of regulations created by governments to control the activities of industries,businesses,and individuals
G)The law governing relationships between and among people,businesses and other organizations,and agencies of government
H)The rules and regulations that define and specify the nature of and punishments for offenses of a public nature or wrongs committed against society or the state
Criminal law

Question 71

Match the type of law to its description.

A)The law of precedent
B)The body of law originating from usage and custom rather than from written statutes
C)Written,codified laws describing what constitutes particular crimes and specifies the appropriate punishment for the offense
D)The body of rules that regulate how legal rights are enforced
E)Written,codified laws
F)The body of regulations created by governments to control the activities of industries,businesses,and individuals
G)The law governing relationships between and among people,businesses and other organizations,and agencies of government
H)The rules and regulations that define and specify the nature of and punishments for offenses of a public nature or wrongs committed against society or the state
Substantive criminal law

Question 72

The ________ for determining legal insanity holds that a person is not guilty of a crime if,at the time of the crime,the person did not know what he or she was doing or did not know that what he or she was doing was wrong.

Question 73

Match the category of crime to its definition.

A)Actions by a U.S.citizen to help a foreign government overthrow,make war against,or seriously injure the U.S.
B)A minor violation of the law usually punished by a ticket
C)Gathering,transmitting,or losing information related to the national defense in such a way that it becomes available to enemies of the U.S.and may be used to their advantage.
D)A serious crime punishable by death or by incarceration of at least one year in prison
E)A crime that has not been fully carried out
F)A relatively minor crime that is punishable by up to one year of incarceration in a local jail
Espionage

Question 74

Prosecutorial misconduct is an example of a(n)________ defense.

Question 75

Match the type of law to its description.

A)The law of precedent
B)The body of law originating from usage and custom rather than from written statutes
C)Written,codified laws describing what constitutes particular crimes and specifies the appropriate punishment for the offense
D)The body of rules that regulate how legal rights are enforced
E)Written,codified laws
F)The body of regulations created by governments to control the activities of industries,businesses,and individuals
G)The law governing relationships between and among people,businesses and other organizations,and agencies of government
H)The rules and regulations that define and specify the nature of and punishments for offenses of a public nature or wrongs committed against society or the state
Civil law

Question 76

Match the type of law to its description.

A)The law of precedent
B)The body of law originating from usage and custom rather than from written statutes
C)Written,codified laws describing what constitutes particular crimes and specifies the appropriate punishment for the offense
D)The body of rules that regulate how legal rights are enforced
E)Written,codified laws
F)The body of regulations created by governments to control the activities of industries,businesses,and individuals
G)The law governing relationships between and among people,businesses and other organizations,and agencies of government
H)The rules and regulations that define and specify the nature of and punishments for offenses of a public nature or wrongs committed against society or the state
Administrative law

Question 77

Match the type of law to its description.

A)The law of precedent
B)The body of law originating from usage and custom rather than from written statutes
C)Written,codified laws describing what constitutes particular crimes and specifies the appropriate punishment for the offense
D)The body of rules that regulate how legal rights are enforced
E)Written,codified laws
F)The body of regulations created by governments to control the activities of industries,businesses,and individuals
G)The law governing relationships between and among people,businesses and other organizations,and agencies of government
H)The rules and regulations that define and specify the nature of and punishments for offenses of a public nature or wrongs committed against society or the state
Procedural law

Question 78

The ________ Amendment to the U.S.Constitution guarantees the right to a speedy trial.

Question 79

________ requires that the actus reus and mens rea occur together for a crime to take place.

Question 80

Match the category of crime to its definition.

A)Actions by a U.S.citizen to help a foreign government overthrow,make war against,or seriously injure the U.S.
B)A minor violation of the law usually punished by a ticket
C)Gathering,transmitting,or losing information related to the national defense in such a way that it becomes available to enemies of the U.S.and may be used to their advantage.
D)A serious crime punishable by death or by incarceration of at least one year in prison
E)A crime that has not been fully carried out
F)A relatively minor crime that is punishable by up to one year of incarceration in a local jail
Felony