Deck 6: Criminal Law
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Deck 6: Criminal Law
1
In State v. Mills, the court ruled that an intent to repay a loan obtained on the basis of a false representation of the security for the loan is no defense.
True
2
Which of the following holds true in the case of assault and/or battery?
A) A hockey player who hits his opponent with his stick can be prosecuted for the crime of assault.
B) If a man kisses a sleeping woman against her will, he could be prosecuted for the crime of battery, but not assault.
C) If a man throws a rock at his neighbor who dodges it, the man has committed an assault.
D) A and B
E) B and C
A) A hockey player who hits his opponent with his stick can be prosecuted for the crime of assault.
B) If a man kisses a sleeping woman against her will, he could be prosecuted for the crime of battery, but not assault.
C) If a man throws a rock at his neighbor who dodges it, the man has committed an assault.
D) A and B
E) B and C
C
3
The seriousness of a crime can be seen by the nature or duration of the punishment set out in the statute.
True
4
A new high-tech company comes to town, brings 850 jobs, but moves to another state after being bought by another firm. In such a case, the high-tech company has committed a crime.
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5
A_____ is a serious kind of crime, usually involving potential imprisonment of six months or more.
A) Felony
B) Misdemeanor
C) Infraction
D) Minor assault
A) Felony
B) Misdemeanor
C) Infraction
D) Minor assault
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6
Stephen and his wife have separated for an agreed-upon two-month "break," and his wife changes the locks. At night, while she is away with their children to visit her mother, he breaks into the house and reclaims some CDs and photographs that he had left behind that she had refused to turn over to him. He is still on record as co-owner of the home. He can be prosecuted for burglary.
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7
A statement, though true, is perjury if the maker of it believes it to be false.
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8
Ginny, Stanley, and Neeraj decide to rob a supermarket. While Ginny buys a car to be used as the getaway, only Stanley and Neeraj rob the supermarket, after which all three flee in the car. Only Stanley and Neeraj can be convicted of conspiracy to commit robbery.
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9
Which of the following is true about homicide?
A) A soldier killing an enemy on a battlefield is an excusable homicide.
B) A homicide can be murder even if there is no intent to kill.
C) A situation in which death results from an accident in which the killer is not at fault is known as justifiable homicide.
D) A homicide committed with malice aforethought is known as a misdemeanor.
E) Involuntary manslaughter is an intentional killing carried out as the result of some provocation.
A) A soldier killing an enemy on a battlefield is an excusable homicide.
B) A homicide can be murder even if there is no intent to kill.
C) A situation in which death results from an accident in which the killer is not at fault is known as justifiable homicide.
D) A homicide committed with malice aforethought is known as a misdemeanor.
E) Involuntary manslaughter is an intentional killing carried out as the result of some provocation.
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10
Constitutionally, bail can be withheld only if there is reason to believe that the accused will flee the jurisdiction.
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11
According to law, if a landlord broke open the room of his tenant with intent to commit felony, it cannot be termed as burglary.
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12
Under criminal law, if a responsible officer in a corporation has directed an act of corruption, the corporation will be held liable for it.
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13
_____ is the wrongful taking and carrying away of the personal property of another with intent to steal the same.
A) Larceny
B) Misdemeanor
C) Felony
D) Forgery
E) Burglary
A) Larceny
B) Misdemeanor
C) Felony
D) Forgery
E) Burglary
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14
If a defendant intends to do something that was not criminal, no act in furtherance of his intention can be an attempt.
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15
Which of the following is true in case of forgery?
A) Forgery does not include anything done by typing or word-processing.
B) If a person signs his own check for $100 cash, knowing that there is only $50 in the account, and manages to cash it, the check is a forgery.
C) The "forged instrument" must in some way be false, as in (for example) a false signature, a backdating of an existing instrument, or falsely modifying a corporate name.
D) Forgery can be committed only by forging signatures.
E) Alteration of an already existing document does not constitute forgery.
A) Forgery does not include anything done by typing or word-processing.
B) If a person signs his own check for $100 cash, knowing that there is only $50 in the account, and manages to cash it, the check is a forgery.
C) The "forged instrument" must in some way be false, as in (for example) a false signature, a backdating of an existing instrument, or falsely modifying a corporate name.
D) Forgery can be committed only by forging signatures.
E) Alteration of an already existing document does not constitute forgery.
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16
An unintentional killing that takes place during an armed robbery is a homicide.
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17
Which of the following is most likely a prosecutable offense of "larceny"?
A) Tom walks through an apple orchard and plucks six apples from Meilin's tree, eats one of them, and puts the rest in his backpack.
B) Tom walks through Meilin's apple orchard and picks up six apples lying on the ground, eats one of them, and puts the rest in his backpack.
C) Tom borrows Kahil's convertible without permission to go to the supermarket and returns it within half an hour.
D) Helen sees Imad's new iPad in their college classroom, picks it up and starts playing with it while Imad is taking a break. He returns five minutes later and she has somehow changed the settings so that he must call Apple's help line to reset factory settings. Helen apologizes.
A) Tom walks through an apple orchard and plucks six apples from Meilin's tree, eats one of them, and puts the rest in his backpack.
B) Tom walks through Meilin's apple orchard and picks up six apples lying on the ground, eats one of them, and puts the rest in his backpack.
C) Tom borrows Kahil's convertible without permission to go to the supermarket and returns it within half an hour.
D) Helen sees Imad's new iPad in their college classroom, picks it up and starts playing with it while Imad is taking a break. He returns five minutes later and she has somehow changed the settings so that he must call Apple's help line to reset factory settings. Helen apologizes.
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18
Under common law, extortion could only be committed by a government official, who corruptly collected an unlawful fee under color of office.
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19
The requirement that criminal statutes not be vague means that the law always defines crimes in ways that can be easily and clearly understood.
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20
The Fifth Amendment guarantees criminal defendants the right to have the assistance of defense counsel.
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21
Which of the following is the constitutional right of an accused?
A) The prosecutor may not use evidence willfully taken by the police in violation of constitutional rights.
B) The Fourth Amendment is the source of a person's right against self-incrimination.
C) Self-incrimination means that the prosecutor can call the defendant to the witness stand during trial.
D) The Sixth Amendment requires all criminal prosecutions to go to trial within 90 days.
E) The Fifth Amendment guarantees criminal defendants the right to have the assistance of defense counsel.
A) The prosecutor may not use evidence willfully taken by the police in violation of constitutional rights.
B) The Fourth Amendment is the source of a person's right against self-incrimination.
C) Self-incrimination means that the prosecutor can call the defendant to the witness stand during trial.
D) The Sixth Amendment requires all criminal prosecutions to go to trial within 90 days.
E) The Fifth Amendment guarantees criminal defendants the right to have the assistance of defense counsel.
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22
What are the most significant Constitutional rights of defendants in US courts?
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23
In which of the following cases will criminal liability be excused?
A) Jerry asks Tom for an aspirin and Tom handed him two pills. The pills were poisoned as Tom intended to kill Jerry.
B) The law requires that you always carry a license, but the official issuing the license formally tells that you need not.
C) Jerry asks Tom for an aspirin and Tom handed him two pills. The pills were poisoned, but Tom believed that it would just make Jerry mildly unconscious.
D) The police use an undercover agent to sell drugs in order to catch the actual drug dealers.
A) Jerry asks Tom for an aspirin and Tom handed him two pills. The pills were poisoned as Tom intended to kill Jerry.
B) The law requires that you always carry a license, but the official issuing the license formally tells that you need not.
C) Jerry asks Tom for an aspirin and Tom handed him two pills. The pills were poisoned, but Tom believed that it would just make Jerry mildly unconscious.
D) The police use an undercover agent to sell drugs in order to catch the actual drug dealers.
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24
_____ is the crime of giving false testimony on oath in a judicial proceeding.
A) Perjury
B) Misdemeanor
C) Mens rea
D) White-collar crime
E) Larceny
A) Perjury
B) Misdemeanor
C) Mens rea
D) White-collar crime
E) Larceny
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25
Define the various types of criminal offenses against property.
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26
According to _____, evidence obtained in violation of constitutional rights from the Fourth, Fifth, and Sixth Amendments are generally not admissible at trial.
A) the establishment clause
B) the Free Exercise Clause
C) the double jeopardy provision of the Fifth Amendment
D) the totality-of-the-circumstances rule
E) the exclusionary rule
A) the establishment clause
B) the Free Exercise Clause
C) the double jeopardy provision of the Fifth Amendment
D) the totality-of-the-circumstances rule
E) the exclusionary rule
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27
Which of the following is true in State v. Mills?
A) If a creditor extends credit in reliance upon security that is falsely represented to be adequate, he has not been defrauded if the debtor intends to repay the debt.
B) There is no crime of false pretenses whenever a defendant intentionally has imposed a risk on the creditor that the creditor did not choose to take on, because there is no intention to defraud in such a case.
C) Intent to repay a loan obtained on the basis of a false representation of the security for the loan is not a defense to a criminal charge of false pretenses.
D) The crime of larceny should have been charged in this case. is designed to protect one's title interest.
A) If a creditor extends credit in reliance upon security that is falsely represented to be adequate, he has not been defrauded if the debtor intends to repay the debt.
B) There is no crime of false pretenses whenever a defendant intentionally has imposed a risk on the creditor that the creditor did not choose to take on, because there is no intention to defraud in such a case.
C) Intent to repay a loan obtained on the basis of a false representation of the security for the loan is not a defense to a criminal charge of false pretenses.
D) The crime of larceny should have been charged in this case. is designed to protect one's title interest.
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