Criminal Law

Q: Ling expected his parents to buy him a car for his graduation from high school. His parents did not buy him a car. After his graduation Ling began to think of ways to murder his parents so that he could have his inheritance. Ling decided to cut the brake line on his parent's car before they went to dinner. Ling cut the brake line and his parents died as a result of a car crash due to the failure of the brakes in their car. The triggering of the criminal act by the criminal intent is called a. actus reus b. mens rea c. concurrence d. attendant circumstances

Q: Ling expected his parents to buy him a car for his graduation from high school. His parents did not buy him a car. After his graduation Ling began to think of ways to murder his parents so that he could have his inheritance. Ling decided to cut the brake line on his parent's car before they went to dinner. Ling cut the brake line and his parents died as a result of a car crash due to the failure of the brakes in their car. The part of Ling's crime in which he cuts the brake line is called a. actus reus b. mens rea c. concurrence d. attendant circumstances

Q: Ling expected his parents to buy him a car for his graduation from high school. His parents did not buy him a car. After his graduation Ling began to think of ways to murder his parents so that he could have his inheritance. Ling decided to cut the brake line on his parent's car before they went to dinner. Ling cut the brake line and his parents died as a result of a car crash due to the failure of the brakes in their car. The part of Ling's crime in which he thinks about murdering his parents is called a. actus reus b. mens rea c. concurrence d. attendant circumstances

Q: Julio is sleeping on the couch in his living room when his wife arrives home from work. He is having a nightmare in which a man is trying to kill him. His wife bends towards him on the couch to give him a hug and a kiss. Julio strangles his wife thinking she is the man in the dream. Julio is not guilty because of what missing element? a. a voluntary act b. a criminal harm c. a bad result d. a circumstantial element

Q: Julio is sleeping on the couch in his living room when his wife arrives home from work. He is having a nightmare in which a man is trying to kill him. His wife bends towards him on the couch to give him a hug and a kiss. Julio strangles his wife thinking she is the man in the dream. Julio's behavior during his dream is also known as a. automatism b. somnambulism c. hypnotism d. paroxism

Q: Julio is sleeping on the couch in his living room when his wife arrives home from work. He is having a nightmare in which a man is trying to kill him. His wife bends towards him on the couch to give him a hug and a kiss. Julio strangles his wife thinking she is the man in the dream. What kind of defense would Julio's lawyer most likely use at trial? a. a fault-based defense b. an affirmative defense c. an actus reus defense d. a status defense

Q: John is a construction worker. He is walking down the street when he notices two children playing in the street. John continues on his way. Shortly after he passes, one of the children is hit by a car and killed. If John were the parent of the child who was killed, what kind of criminal omission might he be guilty of? a. failure to report b. failure to intervene c. failure to omit d. failure to launch

Q: John is a construction worker. He is walking down the street when he notices two children playing in the street. John continues on his way. Shortly after he passes, one of the children is hit by a car and killed. John is not guilty of a criminal omission based on a. the Apprendi doctrine. b. the Good Samaritan doctrine. c. the American bystander rule. d. the ban on forced intervention laws.

Q: Bill is leaving work when a co-worker asks him to drop off a package at the post office on his way home. The co-worker explains that he must work late and can"t get to the post office before it closes. Bill stops at the post office and is met by police officers with drug-sniffing canines who discover the package his co-worker gave him contains cocaine.Bill would not be guilty of a crime in most states, because most states requirea. knowing possessionb. mere possessionc. concurrent possessiond. constructive possession

Q: Bill is leaving work when a co-worker asks him to drop off a package at the post office on his way home. The co-worker explains that he must work late and can"t get to the post office before it closes. Bill stops at the post office and is met by police officers with drug-sniffing canines who discover the package his co-worker gave him contains cocaine.Bill is guilty of what kind of possession?a. knowing possessionb. mere possessionc. concurrent possessiond. constructive possession

Q: Failure to act is a crime only whena. there is a legal duty to actb. there are no police to do anythingc. a law is specifically written to address the actd. the failure to act is reported

Q: The Supreme Court has left adoption of general principles of liability and elements of specific crimes in criminal codes to a. legislatures b. fact-finding commission c. the American Law Institute d. local courts

Q: According to the general principle of actus reus, every crime has to include at least one a. act b. voluntary act c. involuntary act d. intended act

Q: Which of the following is a status that is voluntary? a. addiction b. sex c. race d. age

Q: Defenses based on creating a reasonable doubt about the prosecution's proof of a voluntary act are called a. fault-based defenses b. default-based defenses c. non-fault-based defenses d. voluntary-act-based defenses

Q: Automatism is the name given to a. unconscious bodily movements b. intoxicated bodily movements c. conscious bodily movements d. static bodily movements

Q: Most statutes adopt what MPC rule? a. one-voluntary-act-is-enough rule b. no-voluntary-act-is-enough rule c. any-voluntary-act-is-enough rule d. most-voluntary-act-is-enough rule

Q: Which of the following is the most prominent result crime? a. criminal homicide b. criminal manslaughter c. criminal rape d. criminal voyeurism

Q: Crimes requiring a criminal act triggered by criminal intent are called a. bad intent crimes b. public order crimes c. conduct crimes d. special crimes

Q: Which of the following is not one of the four building blocks of criminal codes? a. criminal act b. criminal intent c. concurrence d. bad intent

Q: Which of the following are the two kinds of criminal omission? a. failure to observe and failure to intervene b. failure to report and failure to observe c. failure to move and failure to intervene d. failure to report and failure to intervene

Q: In the plurality opinion in Powell v. Texas (1967), the conviction for public drunkenness was a. affirmed because Powell was not punished for being an alcoholic but for the act of being drunk in a public place. b. affirmed because Powell was being punished for being afflicted with alcoholism. c. reversed because Powell was being punished for being a chronic alcoholic. d. reversed because Powell committed no actus reus.

Q: Which of the following is a voluntary act? a. being addicted to the use of narcotics b. knowing possession c. attacking someone while sleepwalking d. assaulting someone while suffering from automatism

Q: What modern phrase comes from the ancient idea of manifest criminality? a. a bird in the hand is worth two in the bush b. between a rock and a hard place c. stuck in a rut d. caught red-handed

Q: Which of the following cannot be a criminal act? a. fantasizing b. speech c. possession d. omission to act

Q: For an omission to be considered a crime, what must exist? a. a compulsion to act b. a legal duty to act c. a moral duty to act d. a necessity to act

Q: Some serious crimes include five elements. Which of the following is not one of those elements? a. a voluntary act b. the mental element c. causation d. omission

Q: Serious crimes that include (1) a voluntary act, (2) the mental element (3) circumstantial elements, (4) causation and (5) criminal harm are also called a. harm crimes. b. mens rea crimes. c. causation crimes. d. bad result crimes.

Q: The concurrence element means that a criminal intent has to a. trigger the criminal act. b. lead directly to the harm. c. be the legal cause of the result. d. flow from the act.

Q: What type of possession is required by most states before an act can be criminalized? a. knowing b. mere c. constructive d. perfunctory

Q: A friend of yours puts illegal drugs into your backpack without your knowledge. This is known as a. constructive possession of the drugs. b. knowing possession of the drugs. c. mere possession of the drugs. d. real possession of illegal drugs.

Q: If there is no criminal conduct, there's no criminal a. possession. b. liability. c. omission. d. issue.

Q: Legal duties can arise from a. statutes, contracts, and omissions. b. statutes, contracts, and special relationships. c. moral obligations that are generally recognized. d. laws that require certain events to be reported.

Q: A legal fiction turns what into an act, although it is really a passive state? a. legal duty b. omission c. possession d. convolutionism

Q: The criminal law refers to a failure to act when there is a legal duty to act as a. an omission. b. a commission. c. a breach of contract. d. a refusal.

Q: Which of the following is not one of the most common of criminal possession crimes? a. possession of weapons b. possession of illegal drugs c. possession of drug paraphernalia d. possession of child pornography

Q: The existence of a legal duty is what element of a crime? a. attendant circumstance b. Adjunct c. concurrent d. permissive

Q: In Robinson v. California (1962), the Supreme Court held that Robinson's conviction must be a. upheld because his addiction resulted from a voluntary act. b. upheld because people addicted to narcotics are a danger to themselves and others. c. reversed because a person cannot be punished for a status or condition. d. reversed because there was no showing that Robinson was dangerous.

Q: Which of the following refers to what we do? a. action b. status c. possession d. duty

Q: Which of the following refers to who we are? a. action b. Status c. possession d. Duty

Q: When you possess something you don"t know you possess, it is called a. constructive possession. b. actual possession. c. knowing possession. d. mere possession.

Q: Which type of possession is it when one has physical control of banned stuff? a. constructive possession b. actual possession c. knowing possession d. mere possession

Q: Which of the following are the two kinds of criminal possession? a. actual possession and constructive possession b. real possession and constructive possession c. actual possession and fictional possession d. actual possession and factual possession

Q: Most states follow which of the following? a. "Family Member" doctrine b. health care professionals rule c. the American Bystander rule d. the "Good Samaritan" doctrine

Q: Which doctrine imposes a legal duty to help or call for help for imperiled strangers? a. "Family Member" doctrine b. health care professionals rule c. the American Bystander rule d. the "Good Samaritan" doctrine

Q: The character or condition of a person or a thing is known as its a. status b. reus c. manus d. prospectus

Q: Most offenses that don"t require a mens rea do include which of the following? a. a moral but not legal transgression b. a lapse of good judgment but not criminal c. a criminal omission d. an attendant circumstances element

Q: In the English case King v. Cogdon (1951), Mrs. Cogdon was acquitted of murder because a. her acts were done while asleep and thus were not voluntary. b. she was insane at the time of the crime. c. she did not cause the death. d. there was no concurrence between the acts and the result.

Q: Only voluntary acts qualify as criminal a. pro se. b. mens rea. c. actus reus. d. caveat emptor.

Q: The requirement that mental attitudes have to turn into deeds is called a. manifest criminality. b. a voluntary act. c. mens rea. d. attendant circumstance.

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