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Criminal Law
Q:
The Commerce Clause:
A) allowed the Supreme Court to rule the Civil Rights Act of 1964 was constitutional.
B) became the basis for the federal law enforcement agency that eventually became the FBI.
C) is no longer used in legal arguments.
D) A, B, and C.
E) A and B only.
Q:
Deadly force may only be used against an attacker who has initiated the aggression using unlawful force.
Q:
At Common Law, battery is the crime of inflicting physical harm on an individual.
Q:
The Commerce Clause:
A) gives the federal government jurisdiction over intrastate commerce.
B) gives the federal government jurisdiction over interstate commerce.
C) gives the federal government jurisdiction over international commerce.
D) prevents the federal government from interfering with interstate commerce.
E) makes the U.S. a socialist nation.
Q:
Self defense is a justification that rests upon the belief that innocent people have the right to protect themselves and their property from crime.
Q:
A person stealing an unattended purse is robbery.
Q:
The doctrine that states that federal law takes precedence over state and local law is called:
A) the Monroe Doctrine
B) the Supremacy Doctrine
C) the preemption Doctrine
D) the Federal Doctrine
E) the Obama Doctrine
Q:
Under the objective standard for entrapment, the question to be answered is:
A) Was a crime committed?
B) Was the defendant predisposed to commit the crime?
C) Would an innocent person be induced to commit the crime by the officer's acts?
D) Would a reasonable person be induced to commit the crime by the officer's acts?
E) Did the government agent commit the crime first?
Q:
A mugging is an example of a robbery.
Q:
Which of the following statements are true of the Supremacy Clause?
A) It outlaws White Supremacists.
B) It declares the U.S. Constitution to be the supreme law of the land.
C) It declares the Supreme Court to be the highest court in the land.
D) It states that the states may never give their citizens more rights than are guaranteed in the U.S. Constitution.
E) It is the clause that dictates who can and cannot vote in federal elections.
Q:
Under the subjective standard for entrapment, the question to be answered is:
A) Was a crime committed?
B) Was the defendant predisposed to commit the crime?
C) Would an innocent person be induced to commit the crime by the officer's acts?
D) Would a reasonable person be induced to commit the crime by the officer's acts?
E) Did the government agent commit the crime first?
Q:
The FBI is the only federal agency that fights cyber crime.
Q:
The powers the Constitution specifically gives to the federal government are called:
A) police powers.
B) enforcement powers.
C) enumerated powers.
D) delegated powers.
E) Austin Powers.
Q:
List and explain the two requirements that must be satisfied before a punishment is "cruel and unusual."
Q:
Under the doctrine of sudden escalation:
A) the aggressor in an initially non life threatening fight may use deadly force, should the other fighter begin using deadly force.
B) armed pedestrians may shoot cars who suddenly speed up.
C) the aggressor must retreat if the other fighter begins using deadly force.
D) is part of the "stand your ground" laws.
E) both A and D
Q:
Defendants can have video surveillance evidence dismissed as an invasion of privacy.
Q:
Federal courts have exclusive jurisdiction over:
A) patent cases.
B) federal crimes.
C) state crimes.
D) disputes between the states.
E) A, B, and D.
Q:
Explain what procedural protection is required before the death penalty can be carried out.
Q:
The Common Law retreat rule:
A) requires an intruder must retreat when a homeowner pulls a gun on him or be justifiably shot.
B) requires a person to retreat rather than use deadly force unless the person is his or her home or business.
C) only requires a person to retreat if the retreat can be done in complete safety.
D) can be used by aggressors if they remove themselves from the fight under the doctrine of withdrawal.
E) B, C, and D.
Q:
According to the Supreme Court in the Apprendi decision, judges may enhance sentences if they find the crime committed was a hate crime.
Q:
The three levels of the federal judiciary are:
A) tax court, bankruptcy court, and criminal court.
B) the Supreme Court, the U.S. Courts of Appeals, and U. S. District Courts
C) federal courts, state courts and local courts
D) patent courts, admiralty court, and bankruptcy court
E) admiralty court, criminal court and civil court.
Q:
Explain why capital punishment is not unconstitutional as "cruel and unusual" punishment.
Q:
Mentally ill defendants in the federal system who are only competent to stand trial when they are taking their medication may:
A) legally evade prosecution forever by refusing to take their medication.
B) be forced to take their medication following a competency hearing.
C) have their trials continue despite their incapacity, but such incapacity could be the basis of an appeal
D) have their trials continue despite their incapacity, but they may not use their incapacity as the basis of an appeal.
E) both B and D
Q:
Internet Service Providers must hold e-mail for 90 days once a law enforcement agency informs them the e-mail may be part of an investigation.
Q:
Which of the following statements are true about the impeachment process?
A) Federal judges are appointed for life and cannot be removed from office.
B) Federal judges may be removed from office after being convicted of high crimes or misdemeanors.
C) Impeachment charges are brought in the House of Representatives.
D) Impeachment trials take place in the Senate
E) B, C, and D are all true.
Q:
Define criminal punishment.
Q:
The standard that sends a convicted mentally ill person to a mental hospital until he recovers, and subsequently to prison to finish the sentence is:
A) not guilty by reason of insanity.
B) guilty, but mentally ill.
C) complete lack of capacity
D) substantial lack of capacity
E) both A and B
Q:
The Common Law definition of assault does not include infliction of physical harm.
Q:
In the federal government's checks and balances system, what check does the federal court system have on the executive and legislative branches of government?
A) The senate must confirm all judicial nominees.
B) The president has the power to appoint judges to the federal bench.
C) The Supreme Court can impeach the president.
D) The Supreme Court can vote to dissolve Congress.
E) Federal courts can declare laws to be unconstitutional.
Q:
Explain the history of the Eighth Amendment to the United States Constitution.
Q:
The mistake of fact defense:
A) may never be used for general intent crimes.
B) may be used for specific intent crimes.
C) may be used for specific intent crimes if the mistake is a reasonable one.
D) never works.
E) both A and B
Q:
To get a theft conviction, prosecutors must prove the defendant threatened the victim.
Q:
Which branch of government has the power to make laws?
A) Legislative
B) Executive
C) Administrative agencies
D) Decisive
E) Judicial
Q:
When a person is sentenced for more than one crime and the sentences at the same time, they are referred to as ________________ sentences.
Q:
The standard that sends a convicted mentally ill person to a mental hospital until he recovers is:
A) not guilty by reason of insanity.
B) guilty, but mentally ill.
C) complete lack of capacity.
D) substantial lack of capacity.
E) both A and B
Q:
The two major types of trafficking in persons are sex trafficking and drug trafficking.
Q:
The following are included in the three branches of the U.S. government, except:
A) the U.S. Congress.
B) the Federal Bureau of Investigation (FBI) .
C) United Nations Security Council.
D) the U.S. Senate.
E) the U.S. Supreme Court.
Q:
When a person is sentenced for more than one crime and the sentences are served one after the other, they are referred to as ________________ sentences.
Q:
The mistake of fact defense:
A) may be used for general intent crimes if the mistake is a reasonable one.
B) may never be used for specific intent crimes.
C) may be used for specific intent crimes if the mistake is a reasonable one.
D) may never be used for general intent crimes.
E) both A and B
Q:
An essential element of kidnapping is that the kidnapper demand a ransom.
Q:
Murder, rape and robbery are typically considered:
A) summary offenses.
B) misdemeanors.
C) felonies.
D) serious crimes.
E) a typical night in Las Vegas.
Q:
In lieu of a prison sentence, sometimes defendants get ________________, a period of time where the person is free, but under court supervision.
Q:
The consent defense may be used for the following crimes:
A) murder.
B) voluntary manslaughter
C) involuntary manslaughter
D) assault
E) rape
Q:
An essential element of solicitation is that the person solicited actually commits the crime.
Q:
A crime where the penalty is less than a year in prison is most likely:
A) a major crime.
B) a felony.
C) a misdemeanor or summary offense.
D) a misdemeanor or a felony.
E) a capital offense.
Q:
Very often, a first-time offender will receive a___________________.
Q:
The intoxication defense:
A) implies voluntary intoxication may be used to reduce first degree murder to second degree murder.
B) has been entirely abolished.
C) applies only to involuntary intoxication.
D) applies to all forms of intoxication and is absolute.
E) both A and B
Q:
Hate crimes are a new category of crimes which usually punish an act motivated by hatred or bigotry against a group, by making the sentence longer than if the motivation for the crime was something other than hate or bigotry.
Q:
The standard of proof in a civil trial is:
A) a preponderance of evidence.
B) beyond a reasonable doubt.
C) more likely than not.
D) absolute certainty.
E) none of the above.
Q:
The most common punishment in the U.S. penal system is _________________ or being put in prison.
Q:
The victim's consent is a defense except:
A) when the victim is intoxicated to the point he/she is unable to make a reasonable judgment.
B) when the victim is a child.
C) when the victim has a mental defect or disease.
D) None of the above are exceptions to the consent defense.
E) A, B and C are exceptions.
Q:
Wiring a house with dynamite with the intent to kill or harm people is an example of violent arson.
Q:
The standard of proof in a criminal trial is:
A) a preponderance of evidence.
B) beyond a reasonable doubt.
C) more likely than not.
D) absolute certainty.
E) none of the above.
Q:
Letting the punishment fit the crime is the essence of the concept of ___________ in sentencing.
Q:
The entrapment defense:
A) requires the defendant must not be predisposed to commit the crime.
B) implies the criminal design must have originated with law enforcement.
C) may only be used when law enforcement officials lure a person into committing a crime.
D) A and B only
E) A, B and C are true.
Q:
Stalking can be a type of assault.
Q:
A tort is:
A) a wrong that destroys property.
B) a wrong resulting from a breach of legal duty .
C) a wrong against society.
D) a wrong against an individual.
E) any wrong.
Q:
The prohibition on cruel and unusual punishments descends from the ______________.
Q:
The duress defense requires:
A) the actor was wrongfully threatened by another to perform an act that he/she otherwise would not have performed.
B) the harm threatened was greater than the harm from the crime committed.
C) the threat was immediate and there was no way for the threatened person to escape or avoid the threatened action.
D) the threat was of serious bodily harm or death to the person or an immediate family member.
E) all of the above
Q:
An attack on a person following an argument, with no weapon used, is aggravated assault.
Q:
A crime is:
A) a wrong that destroys property.
B) a wrong resulting from a breach of legal duty .
C) a wrong against society.
D) a wrong against an individual.
E) any wrong.
Q:
The Eighth Amendment prohibits the use of ____________________.
Q:
Which is an appropriate use of the defense of property rule?
A) electrifying a perimeter fence so that an intruder will receive an unpleasant buzz if he or she attempts to scale the fence.
B) setting a piano wire across a path on private property to discourage snowmobiling and dirt biking
C) setting a loaded gun trap designed to shoot an intruder while the occupant is not home.
D) placing a vicious guard dog known for its propensity to bite inside one's yard
E) None of the above are appropriate.
Q:
Discharging a weapon during a robbery increases the convict's prison sentence.
Q:
According to Blackstone, an act is mala prohibita if:
A) the act is inherently evil.
B) the act occurs at sea
C) society decides the act is wrong.
D) Congress passes a law outlawing the act.
E) a court rules the act to be illegal.
Q:
Under the Bloody Code, some offenses were punished by exile or ___________________.
Q:
The retreat rule provides that:
A) a person must retreat rather than use deadly force, unless the person is at his or her home or business.
B) most states have adopted the rule that there is no duty to retreat unless the retreat can be made in complete safety.
C) a person must retreat even if he or she is at home or at his or her place of business.
D) both A and B
E) none of the above
Q:
Pickpocketing is an example of robbery.
Q:
According to Blackstone, an act is mala in se if:
A) the act is inherently evil.
B) the act occurs at sea.
C) society decides the act is wrong.
D) Congress passes a law outlawing the act.
E) a court rules the act to be illegal.
Q:
The popular name for England's criminal laws earned due to their harshness was the _______________.
Q:
Deadly force is a defense except in which circumstance?
A) against an attacker who has initiated the aggression using unlawful force
B) to prevent the commission of a serious felony
C) to prevent the commission of a serious felony involving risk to human life
D) when it reasonably appears necessary to prevent immediate death or serious injury
E) both A and C
Q:
The two types of robbery are simple robbery and armed robbery.
Q:
Which theory of jurisprudence fits the American System?
A) The Historical School
B) The Sociological School
C) The Natural Law School
D) The Analytical School
E) Elements of each school of jurisprudence exist in the American System.
Q:
All sexual predators are male.
Q:
Sources of defenses in criminal law include all except:
A) the Common Law.
B) statutory law.
C) the United States Constitution.
D) religious treatises on right and wrong.
E) All of the above are sources.
Q:
An adult sends an e-mail to a child soliciting sex. If the adult is arrested, what must the prosecutor prove to convict the adult of cyber-solicitation?
a. Only that the adult sent the e-mail message.
b. That the adult sent the e-mail message and knew the intended recipient was under the age of consent.
c. That the adult sent the e-mail message knowing the intended recipient was under the age of consent and that the recipient read the e-mail message.
d. That the adult sent the e-mail message knowing the intended recipient was under the age of consent, the recipient read the e-mail message, and responded to the e-mail.
e. none of the above
Q:
Which of the following is NOT a school of jurisprudence?
A) The Historical School
B) The Sociological School
C) The Natural Law School
D) The Statistical Analysis School
E) The Analytical School
Q:
Chemical castration uses the drug Depo-Provera.
Q:
Which is NOT true of the guilty but mentally ill rule?
A) The defendant, while mentally ill, will serve his sentence in a treatment facility.
B) The defendant will be released from custody when he or she is no longer "insane."
C) The defendant, when he recovers from whatever mental illness he suffers from, will serve the rest of his sentence in a prison.
D) The defendant, although mentally ill, will serve his sentence in a regular prison.
E) None of the above are true.
Q:
An arsonist set fire to a building. He claims to have believed the building was empty, but several homeless people were staying there. One was killed in the fire. What must the prosecutor prove to convict the arsonist of violent arson?
a. The prosecutor must only prove the arsonist set the fire.
b. The prosecutor must prove the arsonist set the fire and intended to kill a person by doing so.
c. The prosecutor must prove the man set the fire with reckless disregard for any people inside.
d. The prosecutor must only prove the arsonist deliberately set the fire.
e. none of the above