Q&A Hero

Q: The _____________ defense may be used when a defendant honestly believes something to be true when it isn"t.

Q: Embezzlement differs from other types of theft because: A) it does not involve entering the property of another. B) it is not a crime in all states. C) prosecutors do not have to prove the thief took and carried away the property. D) the thief does not use force. E) all of the above

Q: The terms tortfeasor and criminal are interchangeable.

Q: The _________ defense may not be used to justify murder.

Q: Arson is: A) responsible for about 5,000 fires per year. B) tracked by the FBI. C) almost always committed by juveniles. D) at crime in which most cases are solved, with a clearance rate of over 90%. E) all of the above

Q: Civil law protects public rights.

Q: The concept that a conflict that was not life threatening escalates to life threatening levels is ___________________.

Q: The crime of burglary: A) is based on the tort of trespass. B) requires the perpetrator to illegally enter the property of another. C) requires that the perpetrator intend to commit a felony once inside. D) requires the perpetrator to commit a felony once inside. E) A, B, and C only.

Q: According to Blackstone, an act that is mala prohibita is prohibited because society has decided to criminalize that behavior.

Q: The act of removing oneself from a conflict is _______________.

Q: Gerome has two checking accounts at two banks across town from each other. Gerome is paid on Fridays. On Wednesday, he must pay his electric bill. He has no money in either account and knows it. He deposits a check drawn on Bank A into Bank B and writes a check for the electric bill on Bank B. On Thursday, he deposits a check drawn on Bank B into Bank A. On Friday, he deposits his paycheck in Bank B. The check is more than enough to cover the electric bill check and the previous deposits and no checks bounced. Gerome may have committed the crime of: A) check kiting. B) counterfeit check writing. C) creative finance. D) check alteration. E) no crime, as the checks were all good by the time they cleared.

Q: According to Blackstone, an act that is mala in se is bad in and of itself.

Q: The level of force intended to cause death or is likely to cause death is ________________.

Q: Mandy visits her mother's house and sneaks a cigarette in the bathroom. She drops the cigarette in the garbage can and leaves the house. The house subsequently burns to the ground. Mandy may have committed the crime of: A) arson. B) felonious arson. C) negligent arson. D) stupidity. E) Mandy did not commit a crime, because she lacked the intent to burn the house down.

Q: Durkheim's beliefs form the basis of the Command School.

Q: The level of force used to subdue a criminal or prevent a crime without risking death is __________________.

Q: Jack, who is separated from his wife, is locked out of his marital house because he lost his keys. He is still an owner of the house. He breaks open a window in broad daylight to enter and retrieves some of his belongings. While inside, he sees a new purchase by his wife and becomes incensed at the thought that she is lavishing money on herself while he must rent a small efficiency apartment to make ends meet. He takes the new purchases and gives them to his new girlfriend. He is arrested and charged with burglary. What possible defenses does he have? A) He did not commit burglary because he did not enter under cover of darkness. B) He did not commit burglary because he owns the house. C) He did not enter with the intent to commit a felony. D) Both A and B E) Both B and C

Q: The Natural Law School of jurisprudence believes the law is a combination of social traditions and customs.

Q: ______________ give residents the right to defend their property and persons within that property from intruders including through the use of deadly force.

Q: You are a municipal tax collector. You keep some of the tax money you collect. What type of theft have you committed? A) Theft by deception B) Looting C) Retail theft D) Theft by failure to make required disposition of funds received E) Pickpocketing

Q: Different theories of law are called jurisprudence derivatives.

Q: ___________________ is the use of force to protect oneself from death or imminent bodily harm at the hands of an aggressor.

Q: Which of the following are examples of retail theft? A) A person hiding an item under his coat and walking out of the store without paying for it. B) A person altering the price on an item in an attempt to fool the cashier. C) A retail employee taking an item out of the store in her Mickey Mouse lunchbox. D) A, B and C E) none of the above

Q: The philosophy of law is referred to as jurisprudence.

Q: A legal excuse for committing an act that otherwise would be a tort or a crime is a _______________.

Q: The crime of theft requires: A) the taking and carrying away of personal property. B) that the personal property belongs to another. C) the intent to permanently deprive the true owner of personal property. D) none of the above E) A, B, and C

Q: Stare decisis requires judges to follow the precedent set in an earlier similar case.

Q: The fact that a person was wrongfully threatened and was not intentionally involved in the situation is one condition of the duress defense.

Q: Eminent Domain is: A) the concept that government can take property from private property owners under certain limited circumstances. B) a rap single by Eminem in which the rapper criticizes his former wife's housekeeping. C) the concept that government can never take private property. D) the seizure by private citizens of government land. E) none of the above

Q: Stare decisis is not a part of the common law system.

Q: The fact that a person was wrongfully threatened and the harm threatened was greater than the harm produced by the crime committed is one condition of the duress defense.

Q: When you rent a beach house to a tenant for a week, you give that tenant: A) fee simple ownership rights. B) privacy rights. C) leasehold rights. D) tenants by the entireties rights if they rent the entire property. E) tenants-in-common rights since they temporarily hold ownership rights in common with you.

Q: English Common Law was developed so that the law was common to everyone

Q: The fact that a person was wrongfully threatened and the threat was immediate and could not be escaped is one condition of the duress defense.

Q: Since September 11, 2001, video surveillance has become much more widespread. The increased surveillance benefits law enforcement, but does it infringe on personal liberties?

Q: Due to the nature of the common law system, the law is inflexible.

Q: The fact that a person was wrongfully threatened with serious bodily harm or death, to the person or an immediate family member, is one condition of the duress defense.

Q: How does cyber-bullying play into cyber crime? Is it just free speech? Where does it cross the line into cyber crime? Write a short essay on these issues.

Q: Laws are enforced by all citizens.

Q: The fact that a person was wrongfully threatened by another person to perform an act she otherwise would not have performed is one condition of the duress defense.

Q: Does hate crime legislation violate the First Amendment? Why or why not? Write a short essay expressing your views on the subject.

Q: Written rules that allow a society to operate are its laws.

Q: A person can justify the use of force in the defense of others.

Q: Describe the difference between simple assault and aggravated assault, listing the elements of each crime.

Q: Public Defenders: A) defend prosecutors against charges of misconduct. B) defend indigent defendants against the state. C) must be licensed attorneys. D) can be found at state and federal levels. E) B, C, and D.

Q: Under "stand your ground" laws, homeowners do not have to retreat even if the intruder is leaving.

Q: Describe the difference between simple robbery and armed robbery, listing what elements the prosecutor must prove to get a conviction for each. Additionally, what elements must a prosecutor prove to get a longer sentence?

Q: To be an attorney, a person must: A) earn a Juris Doctor degree from a law school. B) pass a state-sponsored bar examination. C) meet the moral and fitness for practice standards set by the state. D) pass an oral examination from a judge. E) A, B, and C.

Q: A person who becomes insane while in prison will be sent to a mental hospital for the remainder of his jail term.

Q: The crime of taking and detaining a person against his will by force, intimidation, or fraud is ______________.

Q: Which of the following is NOT a source of American law: A) the U.S. Constitution B) the Bill of Rights C) treaties D) Common Law E) the European Union Convention on Human Rights.

Q: A person who becomes insane just prior to execution cannot be executed.

Q: The crime where a person requests or encourages another to perform a criminal act is ______________.

Q: Every state in America has the common law as the basis for its legal system except: A) Pennsylvania B) Hawaii C) Louisiana D) Alaska E) California

Q: A person deemed incompetent to stand trial can be held in jail indefinitely.

Q: A criminal act performed with the aid of a computer is a ______________.

Q: Which events occur at an arraignment? A) The defendant testifies before the grand jury. B) A representative of the court reads the charges to the defendant. C) The defense cross-examines prosecution witnesses. D) The defendant enters a plea to the charges. E) B and D.

Q: A person who has been ruled insane prior to trial can still be tried and convicted, but cannot be executed prior to regaining sanity.

Q: An attack motivated by hatred of a person's race is a ______________.

Q: Which pair of documents charge a defendant with a crime? A) An information and an indictment B) A nol pros motion and an indictment C) An arraignment and an information D) A plea and an arraignment E) None of the above.

Q: There is one standard for the insanity defense in all 50 states and the District of Columbia.

Q: Setting a fire with intent to endanger a person or persons is ______________.

Q: At a preliminary hearing: A) the prosecution presents evidence. B) the prosecution must show probable cause to hold the defendant for trial. C) the defense may ask to have the charges dropped. D) A, B, and C. E) A and B only.

Q: Those who are voluntarily intoxicated are not responsible for any act committed while under the influence; this is known as the intoxication defense.

Q: An attack where the perpetrator intends to inflict severe bodily injury on the victim is ______________.

Q: The possible outcomes of a preliminary arraignment are: A) the prisoner is sentenced for his crime. B) the prisoner is released on his or her own recognizance. C) bail is set. D) bail is denied. E) B, C, and D.

Q: Under the common law standard children under 7 years of age are conclusively presumed to be incapable of knowing the wrongfulness of their crimes.

Q: An act of force or threat of force intended to inflict harm upon a person is an example of an ______________.

Q: In order to persuade a magistrate to issue an arrest warrant, a police officer must: A) demonstrate there is probable cause to arrest the person. B) demonstrate the person committed the crime beyond a reasonable doubt. C) provide physical evidence that points to the person's guilt. D) A, B, and C. E) none of the above

Q: The two-pronged test for entrapment defenses provides that the criminal design must have originated with law enforcement and the defendant must not be predisposed to commit the crime.

Q: A theft made by force or threat of force by a person carrying a weapon is an ______________ robbery.

Q: A police officer who observes a person breaking into a house: A) must wait for a magistrate to issue a warrant. B) may shoot the burglar without obtaining any more information. C) may arrest the burglar without obtaining a warrant. D) must call for backup. E) none of the above

Q: The necessity defense can never be used to justify a death to protect property.

Q: A theft made by force or threat of force where no weapon is used is a ______________ robbery.

Q: States delegate their police power: A) to the federal government. B) to counties and municipalities. C) to other states. D) A, B, and C. E) none of the above

Q: The law recognizes a difference between defense of self and defense of property. Generally, it is not appropriate to use deadly force to defend objects unless a person is also in immediate danger.

Q: A theft made by force or threat of force is a ______________.

Q: Government police power: A) gives government the right to enforce existing laws. B) gives government the right to punish those who break the law. C) gives government the right to regulate the health, safety, morals and the general welfare of its citizens. D) A, B, and C. E) none of the above

Q: Deadly force can always be used to protect oneself from another's criminal act.

Q: A person leaving a gun unlocked and unattended could be guilty of assault