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Home » Law » Page 280

Law

Q: The general rule is that ignorance of the law is a. not a defense b. a defense only to crimes of violence c. is a defense d. is a defense only in capital cases

Q: The mistake of fact defense may not be used for which type of offense a. felony b. misdemeanor c. capital d. strict liability

Q: A mistake of fact can be a defense if ita. negates the mens rea b. is an act or omission c. is unreasonabled. breaks the chain of causation

Q: The two types of immunity which may be granted to a witness or suspect are a. overt and covert b. latent and patent c. transactional and use d. absolute and contingent

Q: Many grants of immunity come after a witness asserts their Amendment privilege against self-incrimination.a. Fourthb. Fifth c. Sixth d. Eighth

Q: While the legislature is in session or legislators are traveling to the legislature, both the U.S. and most state constitutions provide immunity from a. arrest b. prosecution c. both arrest and prosecution d. serving a sentence

Q: Foreign diplomatic officers in the United States are immune from a. arrest b. prosecution c. both arrest and prosecution d. punishment for all crimes except felonies

Q: Double jeopardy does not bar successive prosecutions of a defendant convicted of one offense if the subsequent prosecution involves a. a different or separate offense b. retrying a person who was previously found not guilty by reason of insanity c. a new attorney d. a different judge

Q: The Constitution prevents the retrying of factual questions determined in a previous, related, trial. a. True b. False

Q: The U.S. Constitution states a defendant must be tried within six months of arrest. a. True b. False

Q: Should the conduct of law enforcement agents be deemed outrageous, it may violate the defendant's right to due process.a. Trueb. False

Q: The doctrine that different governments may each file separate criminal actions for the same criminal act is the "dual sovereignty" doctrine.a. Trueb. False

Q: The defense of res judicata means basically that the issue has already been decided. a. True b. False

Q: The prohibition against double jeopardy is found in the Sixth Amendment to the U.S. Constitution. a. True b. False

Q: Double jeopardy means that a person who has been acquitted by a judge or a jury may not be tried again, unless subsequent investigation reveals evidence that proves conclusively that the defendant is guilty. a. True b. False

Q: In most states, duress is not a defense to a charge of murder. a. True b. False

Q: Diplomatic immunity for consular officers is not absolute. a. True b. False

Q: At times, a mistake of fact can serve as a defense to criminal liability. a. True b. False

Q: To lawfully use deadly force in self-defense, a reasonable fear of death or great bodily harm must exist.

Q: According to the doctrine, a person does not have a duty to retreat before using defensive force in their own home.

Q: The law regarding the use of deadly force in making an arrest somewhat from state to state.

Q: Force may not be used legally in making an arrest unless the arrest is a , custodial arrest made in good faith.

Q: The doctrine permitting people who have been assaulted in their homes by a trespasser to stand their ground and use such force as is necessary and reasonable to defend themselves is called the " " doctrine.

Q: The use of a Taser by the police to prevent a suspect from jumping out the window, even if the use the Taser causes the suspect's death, is considered to be__a. deadly forceb. lethal forcec. non-deadly forced. brute force

Q: Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"The use of a Taser by the police is considered to be__a. deadly forceb. lethal forcec. non-deadly forced. brute force

Q: Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"The use of force is not permissible under which condition?a. to prevent harm to others b. to prevent harm to oneself c. to resist an unlawful arrestd. when fighting back against an assailant

Q: Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"In most states, what must the owner of a dwelling do before using non-deadly force against someone who is trespassing?a. threaten the use of deadly force against the intruderb. call 911c. request the intruder leave the propertyd. fire a warning shot from a gun

Q: Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"Non-deadly force is permitted when__a. deadly force won't workb. robbing from a homeownerc. evicting a trespasserd. using public property, such as a park

Q: Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!" When can force not be used in the defense of other another person? a. when force is not immediately necessary b. the person using force is the aggressor c. the other person's actions are lawful d. when force is used as a punishment

Q: Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"Evidence of past abuse offered by women charged with violence against their abusers to show its psychological effects as part of their claims of self-defense is called__a. battered significant-other defenseb. abused spouse defensec. the battered woman defensed. the castle rule

Q: Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!" Which rule does not put a limit on the use of deadly force by the occupant? a. the trespasser rule b. homeowner rule c. the "make my day" rule d. the castle rule

Q: Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!" Which of the following is not eligible for stand your ground protection? a. the aggressor b. the victim c. a person who aids the aggressor d. All of these choices

Q: Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"Force that is likely to cause or is capable of causing death or serious bodily injury is called__a. deadly forceb. brute forcec. dangerous forced. lethal force

Q: Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"Officer Jones places the driver under arrest and when he attempts to place handcuffs on the driver, the driver resists arrest and begins to assault the officer by punching him. The officer uses his Taser to stop this assault and to get him handcuffed. This force is__a. Unreasonableb. Reasonablec. Deadly forced. Deadly force but reasonable

Q: Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"Officer Jones places this driver under arrest. While doing so the driver pulls out a gun and tries to shoot the officer.The officer uses his duty weapon and shoots and kills the driver. This use of force is__a. Unreasonableb. Non-deadly forcec. Reasonabled. Non-deadly but unreasonable

Q: Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"Officer Jones places this driver under arrest for no driver's license. Officer Jones uses his Taser, Mace, and handcuffs while arresting the driver who was cooperative and not resisting arrest. Officer Jones' use of force was?a. Reasonableb. Deadly force c. Unreasonabled. Reasonable but deadly force

Q: Johnny "sneaky" Burgle sneaks into his neighbor's house through a basement window and begins to conceal items into this large bag. Johnny "sneaky" Burgle accidentally knocked over a vase, which made a loud noise when it broke. This noise woke up the home owner. The home owner confronted Johnny and ordered him out of his house.Johnny "sneaky" runs out of the house when confronted by the home owner. A police officer orders him to stop and tells Johnny that he is under arrest. Johnny pulls out a knife and charges the officer in an attempt to kill him. The police officer may use what type of force?a. Deadly but not deadly force b. Deadly forcec. No force at alld. Non-deadly force

Q: Johnny "sneaky" Burgle sneaks into his neighbor's house through a basement window and begins to conceal items into this large bag. Johnny "sneaky" Burgle accidentally knocked over a vase, which made a loud noise when it broke. This noise woke up the home owner. The home owner confronted Johnny and ordered him out of his house.Johnny "sneaky" runs out of the house when he is confronted by the home owner and while he is running down the street a police officer confronts him and orders him to stop. Johnny stops, shows no weapons or other items of dangerous threats, but does not comply with the officer's orders and is refusing to be arrested. The police officer may use what type of force to execute this arrest?a. Deadly forceb. Deadly but not deadly force c. No force at alld. Non-deadly force

Q: Johnny "sneaky" Burgle sneaks into his neighbor's house through a basement window and begins to conceal items into this large bag. Johnny "sneaky" Burgle accidentally knocked over a vase, which made a loud noise when it broke. This noise woke up the home owner. The home owner confronted Johnny and ordered him out of his house.Because Johnny was burglarizing his home the home owner can use what type of force?a. Deadly forceb. Deadly but not deadly force c. Non-deadly forced. No force at all.

Q: John "steroid arms" Buff picks a fight with James "no arms" Smalls. John begins to punch James in the face over and over again for no reason at all. James tries to fight back and in doing so he knocks John down on the ground where John hits his head a rock and dies. James is arrested and charged with the murder of John.John was killed in the above altercation. What type of force was actually used?a. Reasonableb. Justified c. Deadly d. Homicide

Q: John "steroid arms" Buff picks a fight with James "no arms" Smalls. John begins to punch James in the face over and over again for no reason at all. James tries to fight back and in doing so he knocks John down on the ground where John hits his head a rock and dies. James is arrested and charged with the murder of John.During the above altercation, there is a law that is present that encourages bystanders to help out those who are being attacked or who are in danger, etc. This is calleda. Good bystander laws b. Good passerby laws c. Good Samaritan laws d. Good innocent person laws

Q: John "steroid arms" Buff picks a fight with James "no arms" Smalls. John begins to punch James in the face over and over again for no reason at all. James tries to fight back and in doing so he knocks John down on the ground where John hits his head a rock and dies. James is arrested and charged with the murder of John. During the above altercation, a passerby jumped in to help out James because he could easily see that John was creating a ton of damage to his face with his punches. The assistance by the passerby is referred to as a. self-defense b. defense of another c. another's selfdefense model d. model of defense action

Q: John "steroid arms" Buff picks a fight with James "no arms" Smalls. John begins to punch James in the face over and over again for no reason at all. James tries to fight back and in doing so he knocks John down on the ground where John hits his head a rock and dies. James is arrested and charged with the murder of John. At trial James argues that John attacked him and that he was just defending himself. This is referred to as a. self-Insane protection b. protection against others c. self-defense d. defense-self

Q: Laws that encourage people to come to the aid of another are referred to as a. Good Friend lawsb. Good Samaritan lawsc. Friendly Neighbor laws d. Helping Hands laws

Q: Who may not use deadly force when faced with the threat of death or serious bodily harm to the officer or another? a. a police officer b. a probation officer c. a person nearby d. All may use deadly force

Q: As long as it is reasonable, a child may be disciplined by all of the following except a. parents b. any person inlocoparentis c. public school teachers d. another student

Q: In determining what constitutes a crime of child abuse, consideration will be given to a. the age, size, and health of the child b. the reason for the discipline c. the gender of the child d. the age, size, and health of the child, and the reason for the discipline

Q: The term "inlocoparentis"refers to a. transporting mental patients b. people who take the place of parents c. when parents are present d. adoptive parents

Q: State laws or regulations stating how and when police officers may use force must also comply with the a. Fourth Amendment b. Fifth Amendment c. Sixth Amendment d. Seventh Amendment

Q: When stopping a person for investigative purposes based upon "reasonable suspicion," officers may use a. no force, only verbal warnings b. reasonable and necessary force given the circumstances c. their hands, but no devices, to control the subject d. deadly force

Q: Actions by police officers using force to arrest a suspect are "seizures" of the suspect, and thus under the Fourth Amendment must bea. reasonableb. rationalc. non-deadlyd. safe

Q: A police officer may use non-deadly force in all of the following situations except a. detain a suspect b. protect him/herself from harm c. protect others from harm d. when the suspect is fully cooperative

Q: "Stand your ground" laws change what doctrine in many states by adopting a presumption that a homeowner has a fear of imminent peril whenever he is attacked in his home? a. the castle doctrine b. the "make my day" doctrine c. the Brown doctrine d. the Garner doctrine

Q: What doctrine states that a person in his home is justified in using reasonable force, including deadly force, in response to an assault in their home?a. the castle doctrine b. the queen doctrine c. the king doctrined. the "make my day" doctrine

Q: State laws and police regulations regarding the use of deadly force must conform to the requirements established by the U.S. Supreme Court ina. Tennessee v. Garnerand Grahamv.Connorb. Tennessee v. Garnerand Couturev.Com. c. Tennessee v. Garnerand Statev.Escamilla d. Tennessee v. Garnerand Peoplev.Miller

Q: Based on the Fourth Amendment, police officers may use deadly force when seizing a fleeing suspect a. when the offense is a felony b. when the offense is a felony and the suspect poses a threat to safety c. regardless of the seriousness of the offense d. if it appears the suspect will escape

Q: State laws regarding the use of deadly force in making arrests must comply with the requirements established by the U.S. Supreme Court in which case? a. Mirandav.Arizona b. Mappv.Ohio c. Ingrahamv.Wright d. Tennessee v. Garner

Q: Whether excessive force was used by police in making an arrest will be analyzed under the Fourth Amendment and what standard?a. due processb. equal protection c. reasonableness d. necessary

Q: When an uncooperative driver refuses to submit to a breath or urine test police have begun a. taking forced blood samples from these uncooperative drivers b. taking forced breath tests from these uncooperative drivers c. taking forced urine samples from these uncooperative drivers d. none of these answers is correct

Q: In most, if not all states, the use of booby traps is a. unlawful b. lawful c. lawful only if injury does not result in death d. subject to civil penalties only

Q: Today, most states prohibit the use of what kind of force to protect property? a. physical b. imminent c. reasonable d. deadly

Q: According to the U.S. Supreme Court, the Fourth Amendment applies to use of force by a police officer because the Fourth Amendment provides an explicit textual source of constitutional protection against this sort of a. physically intrusive governmental conduct b. inappropriate governmental conduct c. abusive governmental conduct d. physically abusive governmental conduct

Q: If force in making arrests should be necessary because of resistance or an attempt to escape, the officer may use only such force as is reasonably believed necessary to achieve all of the following except a. detain the offender, make the arrest, and conduct lawful searches b. overcome any resistance by the offender c. prevent an escape and retake the person if an escape occurs d. err on the side of too much force

Q: To lawfully use deadly force in self-defense, what kind of fear of imminent death or great bodily harm must exist?a. reasonable b. subjectivec. actuald. substantial

Q: In states that have adopted "make my day" rules, the occupant of a dwelling a. may not use deadly force against an intruder b. may use necessary, but not deadly force against an intruder c. may use deadly force against an intruder d. must retreat rather than use force against an intruder

Q: A person assaulted in their home by a trespasser has no duty to retreat and may use necessary force based upon what doctrine? a. trespasser b. homeowner c. aggressor d. castle

Q: Which of the following reasons does not help explain why use of deadly force is currently forbidden in the defense of property?a. today, few items of property are vital to survivalb. today, many items of personal property are insured against lossc. today, law enforcement agencies are readily available to assist individuals confronted with theft d. today, property is considered communally owned

Q: The Florida "stand your ground" law creates a presumption that a homeowner has a reasonable fear of imminent peril or death whenever another person unlawfully anda. forcefully enters the dwellingb. illegally enters the dwelling c. willingly enters the dwelling d. readily enters the dwelling

Q: The castle doctrine states that people who have been assaulted in their homes by a trespasser have no duty to retreat or flee but may stand their ground and use such force as is necessary anda. reasonable to defend themselvesb. required to defend themselves c. sensible to defend themselves d. fair to defend themselves

Q: The amount of force used in self-defense or defense of another must, under the circumstances that exist, be a. correct b. reasonable c. identical d. less than the force being used by the aggressor

Q: Should a 70-year-old, 100 pound woman begin to hit a 25-year-old, 200-pound man with an umbrella, the man may a. defend himself by taking the umbrella away from the woman b. seize the umbrella and strike the woman with it c. use any force, including deadly force d. retreat, but cannot otherwise defend himself

Q: To be lawful, force used in self-defense or defense of another must be both reasonable and a. sufficient b. nondeadly c. immediately necessary d. preventable

Q: Key points in determining the lawfulness of force used in self-defense include all of the following except: a. unlawfulness b. necessity c. reasonableness d. whether the assailant is armed or not

Q: A citizen is never authorized to use deadly force against another citizen; only police may use deadly force against another person. a. True b. False

Q: Deadly force may never be used by a police officer in an attempt to seize an individual. a. True b. False

Q: Booby traps and spring guns may not lawfully be used to protect property. a. True b. False

Q: The Fourth Amendment is not violated by an arrest based on probable cause, even though the wrong person is arrested. a. True b. False

Q: In states that have adopted "stand your ground" laws, severe limits have been placed on the use of deadly force by the occupant of a dwelling.a. Trueb. False

Q: Not having to retreat before using defensive force in one's home is known as the "castle doctrine." a. True b. False

Q: When acting in self-defense, all states impose a duty to retreat prior to the use of deadly and non-deadly force. a. True b. False

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