Law

Q: The American Prosecutors Research Institute Symposium experts saw one possible positive effect of the castle lawsthat they"ll deter crime. a. true b. false

Q: Most deadly force statutes do not include the curtilage. a. true b. false

Q: The "New Castle Doctrine" laws are transforming the law of self-defense. a. true b. false

Q: At the heart of the defense of consent is the high value placed on group autonomy in a free society. a. true b. false

Q: The Model Penal Code choice-of-evils provision contains five elements. a. true b. false

Q: The law of self defense is undergoing major transformation. a. true b. false

Q: In the justification defenses, defendants admit they were responsible for their acts but claim what they did was right (justified) under the circumstances. a. true b. false

Q: In all jurisdictions, a person must retreat from their home if they can safely do so before using deadly force. a. true b. false

Q: The four elements of self-defense are unprovoked attack, necessity, proportionality, and reasonable belief. a. true b. false

Q: The initial aggressor or attacker can never claim self-defense. a. true b. false

Q: Self-defense laws have not changed in many years and are not currently changing. a. true b. false

Q: The retreat rule is the minority rule. a. true b. false

Q: An imperfect defense, such as imperfect self-defense, may, in some jurisdictions, reduce a murder to manslaughter. a. true b. false

Q: For affirmative defenses, the burden of production is on the defendant. a. true b. false

Q: In both justifications and excuses, the defendant admits doing the criminal act. a. true b. false

Q: Insanity is an example of a justification defense. a. true b. false

Q: Deadly force may never be used for defense. a. true b. false

Q: Knowing consent means a. the person consenting is too young to understand what she's consenting to. b. the person consenting understands what she's consenting to. c. consent was the product of free will. d. consent was not the product of force.

Q: The case of The Queen v. Dudley and Stephens (1884) involves which defense? a. the general principle of necessity b. the castle doctrine c. the Good Samaritan defense d. unprovoked attack defense

Q: In which of the following situations does the right to defend "others" not apply? a. defending a spouse from assault b. defending a parent from assault c. preventing the rape of a friend d. preventing a sister from having an abortion

Q: To provide a valid consent defense, the consent of the victim must be a. objectively reasonable and imminent. b. knowing and voluntary. c. in writing and authorized. d. given after the crime occurs.

Q: Which of the following is recognized as a valid consent defense situation in most states? a. a person consents to be killed b. a person consents to a crime being committed on their children c. the injury happens during a sporting event d. statutory rape

Q: The defense of consent recognizes the societal value of a. individual autonomy. b. a person's right to die if they want to. c. a person's right to refuse medical care. d. self-fulfillment.

Q: Which of the following is not one of the three elements of self-defense in cases involving coinhabitants? a. the defendant was not at fault in creating the violent situation b. the defendant had a bona fide belief that she was in imminent danger of death or great bodily harm and that her only means of escape was the use of force c. the defendant did not violate any duty to retreat or avoid the danger d. the defendant knew that the perpetrator had a weapon

Q: At the heart of the defense of consent is the high value placed on the right to a. bear arms. b. a jury trial. c. free speech. d. individual autonomy.

Q: At the heart of the choice-of-evils defense is the necessity to prevent what kind of danger? a. imminent danger b. unavoidable danger c. deadly danger d. serious danger

Q: Which of the following is a key requirement of the necessity defense? a. that no reasonable legal option exists for averting the harm b. that a reasonable legal option exists for averting the harm c. that a significant reasonable legal option exists for averting the harm d. that a specific reasonable legal option exists for averting the harm

Q: The modern right to use force against those unlawfully entering the person's home generally a. does not include defense of the cartilage. b. does not include deadly force. c. applies only to nighttime intrusions. d. requires that the intruder specifically threaten the occupants of the home.

Q: Evidence that doesn"t amount to a perfect defense might amount to a/an a. imperfect defense. b. special defense. c. specific defense. d. rational defense.

Q: The law of self-defense is undergoing a. no change currently. b. major transformation. c. minor transformation. d. nothing.

Q: Which of the following is the majority rule? a. the stand-your-ground rule b. the retreat rule c. both d. neither

Q: Supporters of the castle laws see them as the public reasserting? a. fundamental rights b. gun rights c. freedom of speech rights d. defense attorney rights

Q: Which doctrine holds that a person does not have to retreat if he or she didn"t start the fight, even if it is safely possible? a. the stand-your-ground rule b. the self-defense rule c. the preemptive-strike rule d. the self-preservation rule

Q: The retreat requirement is weakest or nonexistent when persons are attacked a. in a public place. b. in their own homes. c. in a government building. d. indoors.

Q: Which of the following never justifies the use of force against another person? a. retaliation b. self-defense c. defense of someone other than yourself d. an imminent attack

Q: Which of the following cases involves the choice to commit a lesser crime to avoid an imminent threat of harm? a. State v. Harold Fish (2009) b. People v. John Gray et al. (1991) c. People v. Goetz (1986) d. State v. Thomas (1997)

Q: How many requirements are there to establish criminal liability? a. one b. two c. three d. four

Q: In some jurisdictions, a person must retreat before using defensive deadly force if a. they can reasonably do so in safety. b. they were not the original attacker. c. the attacker demands they retreat or die. d. the attacker refuses to retreat.

Q: A person can use deadly force against an attacker whom the victim reasonably believes is going to cause them an injury less than death. The attacker is said to be threatening a. broken bones. b. serious bodily injury. c. permanent bodily injury. d. harmful bodily injury.

Q: In which of the following cases did the Ohio supreme court based its decision on the idea that a battered woman has "already retreated to the wall?" a. State v. Harold Fish (2009) b. People v. John Gray et al. (1991) c. People v. Goetz (1986) d. State v. Thomas (1997)

Q: A person who was the initial aggressor can gain a lawful right to self-defense if they do which of the following from the incident they started? a. renounce themselves b. completely withdraw c. irrevocably abbreviate themselves d. tangentially abstain

Q: The general rule is that self-defense is available only against what type of attacks? a. justified b. legal c. excusable d. unprovoked

Q: Defensive force may be used only if the threat or danger is a. perfunctory. b. mandatory. c. contingent. d. imminent.

Q: Which of the following cases involves the "New York Subway Vigilante?" a. State v. Harold Fish (2009) b. People v. John Gray et al. (1991) c. People v. Goetz (1986) d. State v. Thomas (1997)

Q: What kind of strike does the law not allow to form the basis of self-defense claims? a. deadly b. less than deadly c. conventional d. preemptive

Q: At the heart of the choice-of-evils defense is the necessity to prevent a. imminent danger. b. crime. c. rape. d. murder.

Q: The castle exception is an exception to what doctrine? a. the retreat doctrine b. the stand-your-ground doctrine c. the justification doctrine d. the excuse doctrine

Q: Evidence that doesn"t amount to a perfect defense might amount to an imperfect defense; that is, defendants are a. committed to a mental hospital. b. entitled to an acquittal. c. entitled to a sentence reduction. d. guilty of lesser offenses.

Q: Most defenses are perfect defenses; if they"re successful, defendants are a. committed. b. convicted. c. acquitted. d. sentenced.

Q: In many jurisdictions, affirmative defenses typically have to be proven by the defendant a. beyond probable cause. b. by a preponderance of the evidence. c. by clear and convincing evidence. d. beyond a reasonable doubt.

Q: A defense in which the defendant admits the act but claims that, under the circumstances, they aren"t legally responsible is called a. justification. b. excuse. c. claim of right. d. mitigating condition.

Q: A defense in which the defendant accepts responsibility for the act but claims what they did was right is called a. justification. b. excuse. c. rationalization. d. claim of right.

Q: Negligence has both an objective and subjective component. a. true b. false

Q: Recklessness requires awareness of substantial and unjustifiable risks. a. true b. false

Q: The four levels of culpability or intent in the Model Penal Code are purposely, knowingly, recklessly, and negligently. a. true b. false

Q: General intent is used most commonly to mean the intent to commit the criminal act as defined in a statute. a. true b. false

Q: Different levels of blameworthiness are indicated by different types of intent. a. true b. false

Q: Mens rea translated means "evil state of mind." a. true b. false

Q: Mistakes sometimes are called a failure-of-proof defense. a. true b. false

Q: The element of causation applies only to "bad result" crimes. a. true b. false

Q: All courts define general intent as the intent to commit the criminal act. a. true b. false

Q: In the absence of a confession, mens rea is usually proven by circumstantial evidence. a. true b. false

Q: Ignorance of facts and law create a reasonable doubt that the prosecution has proved the element of criminal intent. a. can b. cannot c. always d. never

Q: The penalty for strict liability crimes generally is a. very serious, because they are strict crimes. b. 10-15 years incarceration. c. mild, often with fines and no jail or prison time. d. equivalent to a first degree felony.

Q: The test for negligence is a. totally objective. b. totally subjective. c. totally conscious. d. totally negligent.

Q: The conscious creation of substantial and unjustifiable risks is the definition of a. liability. b. negligence. c. recklessness. d. reasonableness.

Q: What is the only crime defined in the U.S. Constitution? a. murder b. rape c. treason d. forgery

Q: According to the Model Penal Code, what is the most blameworthy mental state? a. purposely b. knowingly c. recklessly d. negligently

Q: The most common definition of specific intent is a. general intent plus. b. general intent. c. subjective intent. d. subjective intent plus.

Q: Which of the following statements is true regarding recklessness and negligence? a. recklessness is about consciously creating risks; negligence is about unconsciously creating risks b. recklessness is about unconsciously creating risks; negligence is about consciously creating risks c. recklessness and negligence are both about consciously creating risks d. recklessness and negligence are both about unconsciously creating risks

Q: Which of the following cases involves the mental state "knowingly?" a. Harris v. State (1999) b. State v. Stark (1992) c. Haupt v. U.S. (1947) d. State v. Jantzi (1982)

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