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Law
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
Q:
The Critical Legal Studies School of jurisprudence believes:
A) law is shaped by logic.
B) laws are based on standards of what is and is not correct.
C) legal rules are unnecessary.
D) laws reflect an effort to perpetuate oppression and social inequalities.
E) law is a combination of social transactions.
Q:
The Sex Offender Registry is an ex post facto law.
Q:
Which is not an insanity defense?
A) M'Naghten Rule
B) Guilty but Mentally Ill Rule
C) Heat of Passion Rule
D) Durham Test
E) Irresistible Impulse Rule
Q:
Which of the following statements are true concerning minimum mandatory sentences for armed robbery?
a. A defendant convicted of carrying a weapon during a robbery will receive a minimum of five years in prison.
b. A defendant convicted of brandishing a weapon during a robbery will receive a minimum sentence of seven years in prison.
c. A defendant convicted of discharging a weapon during a robbery will receive a minimum of ten years in prison.
d. A defendant can be convicted of discharging a weapon during a robbery, even if the discharge was accidental.
e. all of the above
Q:
The Natural Law School of jurisprudence believes:
A) laws reflect an effort to perpetuate oppression and social inequalities.
B) law is shaped by logic.
C) legal rules are unnecessary.
D) laws are based on standards of what is and is not correct.
E) law is a combination of social transactions.
Q:
All defendants are entitled to a discretionary appeal.
Q:
What should the punishment be for technicians who provide false information which leads to the conviction of a factually innocent defendant?
Q:
An assailant attacks the victim with a knife and stabs her in the arm, then runs away. The assailant most likely will be charged with:
a. simple assault.
b. aggravated assault.
c. assault with intent to kill.
d. assault and battery.
e. none of the above
Q:
Feminist-Critical Legal Theory:
A) argues that women should be given lighter prison sentences than men to reflect that disproportionate amount of discrimination against women in society.
B) argues that laws made by women would lead to fewer incidences of violence, war, and famine.
C) was founded by Gloria Steinem.
D) takes the perspectives of women into account when developing, interpreting, and applying the law.
E) was illegal in the U.S. until the early 20th century.
Q:
Any error brought to light in an appeal will lead to a new trial or overturning of the underlying conviction.
Q:
You represent a client accused of rape and murder. The prosecution experts have presented DNA evidence from the crime scene tying your client to the victim. What options should you explore for defending your client?
Q:
Which of the following are examples of robbery?
a. A person breaks into a house when the owner is not home and steals jewelry.
b. A mugger grabs a person by the jacket collar and demands money.
c. A pickpocket takes a wallet without the victim discovering it until an hour later.
d. A cyber thief hacks into a bank account and extracts money.
e. None of the above.
Q:
The "three strikes and you"re out" policy has been held to be unconstitutional.
Q:
Using the Alcee Hastings case as an example, explain the concept of impeachment.
Q:
Which of the following governmental agencies does NOT have a legitimate right to investigate domestic cyber crime?
a. Federal Bureau of Investigation (FBI)
b. Department of Homeland Security (DHS)
c. National Security Agency (NSA)
d. Bureau of Alcohol, Tobacco, and Firearms (ATF)
e. Department of Agriculture.
Q:
Jurisprudence:
A) provides the rationale for every law ever enacted.
B) contains all the wisdom of the ages.
C) is interpreted by different schools of jurisprudence.
D) is viewed the same way by everyone.
E) all of the above
Q:
Espionage can be a capital offense.
Q:
You read about the case of "Scooter" Libby, who was convicted of obstruction of justice and perjury, but had his sentence commuted by President George W. Bush before he had to serve any of the 30 months in prison the judge sentenced him to serve. Should he have served the sentence?
Q:
Jeremy Jones is learning disabled. Ruth Less attacks him one day with a baseball bat calling him a "retard". If a jury decides Ms. Less' actions were motivated by her prejudice against mentally challenged people, what would be the most likely result?
a. She would be convicted of assault and receive the appropriate sentence for assault.
b. She would be put on probation and given sensitivity training so she would be nicer to mentally challenged people in the future.
c. She would be convicted of a hate crime and have her sentence enhanced beyond what it would be simply for an assault.
d. She would be given the death penalty for committing a hate crime.
e. None of the Above.
Q:
Jurisprudence is:
A) the doctrine that makes lawyers cautious.
B) the study of law.
C) the concept that the Constitution functions to limit government action.
D) the doctrine that requires judges to follow legal precedents.
E) all of the above
Q:
Offenders can receive enhanced sentences if enough mitigating factors are involved.
Q:
Should the government run "sting operations" where they offer bribes to politicians? Is this entrapment? Is this creating crime where none existed?
Q:
You are investigating a crime. You discover that Joe Smith poured gasoline on the corner of his neighbor's barn while the neighbor was inside, and lit it. The neighbor's son saw the flames and doused them before they engulfed the barn. No one was injured. Your investigation also reveals that Joe Smith and his neighbor had recently argued. With what crime can you charge Joe Smith?
a. No crime because there was no harm.
b. Property arson because no people were harmed only property.
c. Attempted property arson
d. Attempted violent arson because he intended to hurt his neighbor.
e. Violent arson because he intended to hurt his neighbor and setting the fire is the act of arson.
Q:
Stare Decisis means:
A) to stare at the decision.
B) a decision rendered in the star chamber.
C) to stand by the decision.
D) to look to the stars for wisdom when making a decision.
E) none of the Above.
Q:
Very often an offender will receive a suspended sentence for a first offense.
Q:
The indictment of a public official that leads to a trial to determine whether he or she should be removed from office is _____________.
Q:
Which of the following are true about the Common Law concepts of assault and battery?
a. The assailant must touch the victim for assault to occur.
b. The attacker must harm the victim for assault to occur.
c. The attacker must take an action that threatens to harm the victim for assault to occur.
d. Battery only occurs if the victim is physically harmed.
e. C and D only.
Q:
Adhering to judicial precedent is known as:
A) stare decisis.
B) quid pro quo.
C) caveat emptor.
D) quid est timit lupum mallum.
E) res ipsa loquitur.
Q:
The Constitution's ban on cruel and unusual punishments is based on the Magna Carta.
Q:
_____________ is the main federal law that enables the government to prosecute individuals and organizations for a pattern of criminal activity.
Q:
Which of the following are true statements?
a. Any time something is stolen in the presence of the owner, it is a robbery.
b. To prove robbery charges, the prosecutor must show the defendant took the property by force or the threat of force.
c. To prove theft charges, the prosecutor must show the defendant took the property by force or the threat of force.
d. To prove robbery charges, the prosecutor must show the defendant took the property while in the presence of its owner.
e. B and D only.
Q:
Common law was developed so:
A) commoners in England would have laws for themselves.
B) the law would be common to all persons.
C) the law would be common to all areas of the English Empire.
D) B and C.
E) None of the above.
Q:
If conditions in prison can lead to serious illness or injury, if they are "wanton and unnecessary infliction of pain," then the conditions violate the Eighth Amendment.
Q:
_________ is the crime of giving something of value with the intention of influencing the action of a public official.
Q:
Which of the following is true concerning video surveillance?
a. It is legal because individuals have no reasonable expectation of privacy in public places.
b. Police may only turn on video camera if they have a reasonable expectation that a crime will occur.
c. Police must get a warrant in all cases to obtain privately-owned surveillance tape from ATMs or private security systems.
d. Video surveillance evidence may only be presented in court if every person in the video gives consent.
e. Video surveillance does nothing to deter crime.
Q:
Common law owes its origination to what nation?
A) United States of America
B) Luxembourg
C) Germany
D) France
E) England
Q:
Rape is not a capital offense.
Q:
Conduct that diminishes the dignity, effectiveness and efficiency of the judicial process is ___________________.
Q:
Which of the following are examples of trafficking in persons?
a. Sex trafficking
b. Labor trafficking
c. Drug trafficking
d. A and B only.
e. all of the above
Q:
Law is:
A) a set of rules governing behavior.
B) a set of punishments for those who break society's rules.
C) a set of universal rules that apply to every society in every era.
D) A and C.
E) A and B.
Q:
In the case Atkins v. Virginia, the Supreme Court found that contemporary standards of what is appropriate have changed, and that mentally retarded people may still be executed if found guilty of a capital crime.
Q:
A person who impedes or hinders the administration of justice in any way is guilty of _______________.
Q:
Which of the following is true concerning kidnapping and abduction?
a. They are two names for the same crime.
b. Kidnapping involves a request for ransom and abduction does not.
c. Abduction refers only to removal of children by non-custodial parents.
d. Kidnapping is the crime of taking and detaining a person against his will by force, intimidation, or fraud.
e. Alien abductions are prosecuted in intergalactic courts.
Q:
In order for something to be law, it must:
A) make sense.
B) have the approval of the citizens.
C) be obeyed.
D) be created by a government.
E) all of the above
Q:
The government can forcibly medicate a person so that person will be competent to stand trial if such treatment is medically appropriate, is unlikely to have side effects that may undermine the trial's fairness, and is necessary to further important governmental trial-related interests, taking into account any possible less intrusive measures.
Q:
________________ is an illegal attempt to influence a witness' sworn testimony.
Q:
Which of the following is NOT an example of a cyber crime?
a. Sending an e-mail offering to sell male enhancement drugs with the sole purpose of obtaining credit card numbers.
b. Sending an e-mail advocating killing members of a certain race.
c. Sending an e-mail advocating worldwide jihad.
d. Sending an e-mail containing a picture of the president with a "Hitler-style" mustache exhorting voters to vote against him in the next election.
e. Sending an e-mail offering quick money for people willing to kill to earn it.
Q:
MATCHINGCOLUMN 1COLUMN 21. Indeterminate sentencinga. The sentencing scheme using a sentencing range where the prisoner can earn release after serving the minimum sentence by meeting certain rehabilitation goals.2. Indefinite sentencingb. Act or conduct that increases the seriousness of an act.3. Definite sentencesc. Monetary penalties paid to the state as punishment for crime.4. Mandatory minimum sentencesd. Fixed term sentences selected from a range determined by statute or guidelines where there is no chance of parole.5. Enhanced sentencese. Act or conduct that lessens or reduces the punishment for a crime.6. Finesf. Money paid to crime victims to help make them whole.7. Restitutiong. The shortest possible sentence for a given crime under an indeterminate sentencing scheme.8. Per seh. The sentencing scheme where judges have the most flexibility in sentencing.9. Aggravating circumstancei. Latin; by itself, in and of itself.10. Mitigating circumstancej. Sentences lengthened by aggravating factors such as for hate crimes.
Q:
MATCHINGCOLUMN 1COLUMN 21. Grand jurya. A formal request to change the trial's location.2. Petit juryb. A formal investigation conducted before the trial by both parties.3. Probable causec. The document produced by a grand jury when it is convinced the prosecutor's evidence is sufficient to charge the accused with a crime.4. True Billd. A body of members from the community, which decides whether enough evidence exists to indict an individual.5. Indictment.e. Evidence that casts doubt on the defendant's guilt.6. Quashf. A grand jury's action to bring charges against an individual.7. Discoveryg. A trial jury.8. Exculpatory evidenceh. Formal requests that a judge enter a particular order prior to the star of a trial.9. Pretrial motionsi. To annul10. Motion to change venuej. The standard of proof used to determine if a person should be charged with a crime.
Q:
MATCHING.COLUMN 1COLUMN 21. marital privilegea. The right of confidentiality accorded members of the clergy for conversations held during the ritual of confession.2. quashb. The state of being detained by law enforcement officers.3. priest-penitent privilegec. Latin for "I will not contest this", a plea entered that admits no wrongdoing, but allows the court to sentence the defendant as if guilty.4. patient-counselor privileged. The right of confidentiality accorded counselors for conversations held in the course of mental health treatment.5. plea bargaininge. The right of a person to refuse to testify against his or her spouse.6. Bench conferencef. A plea entered where the accused maintains his innocence, but agrees to be sentenced as if guilty.7. nolo contendereg. The process of negotiating the settlement of criminal charges without a trial.8. Alford pleah. to annul9. arresti. The official taking of a person to answer criminal charges.10. custodyj. A conference called among the judge and attorneys for both sides, and possibly the accused to discuss matters without the jury hearing it.
Q:
MATCHING.COLUMN 1COLUMN 21. Self-incriminationa. Evidence that will change or evaporate in a manner that will destroy its evidentiary value.2. Bailb. An exception to the warrant to search requirement which says that consent to enter given to an undercover police officer or informant transfers to others in the police force who may then enter without a warrant.3. Consent once removedc. The act of admitting guilt to a crime.4. Exigent circumstancesd. The "fruit of the poisonous tree" doctrine that prohibits the admission of evidence obtained illegally at a defendant's criminal trial.5. Stop and friske. Situations that require urgent action, sufficient to excuse delay to get a warrant.6. Evanescent evidencef. The act of giving testimony against one's penal interest.7. Exclusionary ruleg. The right not to testify against their own interests when accused of a crime.8. Right to Remain Silenth. Police officers may briefly stop, identify, and frisk persons reasonably believed to have committed a crime during the course of an investigation.9. Rebuttable presumptioni. Money or other guarantee posted to assure a defendant who is released form custody pending trial or appeal will appear when called or forfeit the security posted.10. Confessionj. A presumption that can be overcome by presenting evidence to the contrary
Q:
MATCHINGCOLUMN 1COLUMN 21. Consent defensea. States that the defendant lacked the mental state to understand the nature and consequences of the crime.2. Entrapmentb. The defense that a child is too young to either be prosecuted or stand trial as an adult.3. Subjective standard (majority rule) for entrapmentc. Asks the question, "Was the defendant predisposed to commit the crime?"4. Objective standard (minority rule) for entrapmentd. Holds that a defendant "is presumed to be sane and possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to the jury's satisfaction" beyond a reasonable doubt.5. Legal trapse. The condition of a person who unknowingly ingests an intoxicating substance.6. Infancy defensef. Asks the question, "Would an innocent person be induced to commit the crime by the officer's acts?"7. Involuntary intoxicationg. The defense that the defendant had the victim's consent to perform the acts.8. Voluntary intoxicationh. The condition where a person knowingly ingests an intoxicating substance.9. Insanity defensei. Techniques used by law enforcement to catch criminal activity that fell short of entrapment.10. M"Naghten rulej. A defense used when law enforcement officials lure a person into committing a crime.
Q:
MATCHINGCOLUMN 1COLUMN 21. Tax evasiona. Giving false testimony to a material fact under oath.2. Mail fraudb. Conduct that diminishes the dignity, effectiveness, and efficiency of the judicial system.3. Perjuryc. A situation where a grand jury subpoenas a witness for the sole purpose of obtaining perjured testimony.4. Subornation of perjuryd. Convincing or seeking to convince another person to commit perjury.5. Two witness rulee. An attempt to defeat or avoid paying a tax.6. Recantationf. An illegal attempt to influence a witness' sworn testimony.7. Perjury Trapg. Common Law rule that requires two witnesses to another's perjury for conviction.8. Witness tamperingh. Using the U.S. Postal Service in furtherance of a fraudulent scheme.9. Obstruction of Justicei. The crime of impeding or hindering the administration of justice in any way.10. Contemptj. The retraction of testimony
Q:
MATCHINGCOLUMN 1COLUMN 21. Terrorisma. A writ ordering a person to be brought to court.2. Power to declare warb. The unlawful use or threat of violence, especially against the state or the public, as a politically motivated means of attack or coercion.3. Letters of marque and reprisalc. The federal law regulating the government's actions when collecting intelligence from foreign governments and their agents.4. Habeas corpusd. A military court convened to try those accused of war-related crimes.5. Military tribunale. The power reserved to Congress in the Constitution to declare war on a belligerent.6. Material witnessf. The legal right of a person or group to challenge the conduct of another in a judicial forum.7. Treasong. A person whose testimony is material to a criminal proceeding.8. Foreign Intelligence Surveillance Acth. A government letter granting a private person the power to seize subjects of a foreign state.9. Standingi. A conspiracy to overthrow the government, or levy war against them, or oppose the government's authority.10. Seditionj. Levying war against the United States or adhering to their enemies.
Q:
Treason requires a special standard of proof, including either a confession in open court or the testimony of two persons to an overt treasonous act.