Criminal Law Quiz Flashcards
The study of Criminal Law is a study of…..
- Crimes
- Moral Principles
- Common Law
Norms are agreed upon expectations that are ________ and ______ within the fabric of society
a. expected; required
b. common; basic
c. necessary; meaningful
d. specific; unimportant
b. common; basic
More are norms related to _____, also rules that govern serious violation of the social code of a particular community.
a. mortality
b. death
c. immortality
d. imprisonment
a. mortality
Folkways are norms that govern __________
a. other people
b. children
c. everyday behavior
d. states
c. everyday behavior
Laws are a formal body of rules enacted and enforced by a _________
a. state
b. lawyer
c. family
d. government
d. government
There are two types of sanctions:
Informal and Formal
Informal sanctions are used by most people on an everyday basis to right ________, minor violations of our norms
a. wrong
b. common
c. important
d. unimportant
b. common
Formal sanctions used for serious violations of our norms in situations that people ____ handle themselves
a. cannot
b. can
c. won’t
d. should
a. cannot
Criminal Law is the set of regulations and rules that defines and specifies offenses that are _____ in nature as well as crimes committed against the state (government) or society
a. private
b. public
c. correct
d. wrong
b. public
A crime is an act _____ or an omission required by law
a. prohibited
b. allowed
c. forbidden
d. permitted
a. prohibited
Life, Reproduction, Educating One’s Offspring, Seek God, Live in Society, Avoid Offense, and Shun Ignorance refers to?
a. The Basic Goods
b. Roman Law
c. The Circle of Life
d. Natural Order
e. Eminent Domain
There are two types of law
natural and positive
Natural law are rules of conduct that are part of human nature are found within the _______
a. natural selection
b. natural order
c. laws of nature
d. Constitution
Positive law is legislated and enforced by _______
a. states
b. governments
c. families
d. other countries
Common law is law that originates from ______ and use as opposed to law that is legislated or written.
a. culture
b. customs
c. governments
d. families
b. customs
Comon law refers to traditions, precedents, and customs that assist judges when making legal decisions. T/F
True
Which of the following is NOT one of Blackstones Classifications of Law?
a. Rights of Persons
b. Rights of Things
c. Public Wrongs
d. Private Wrongs
e. Misdemeanors
e. Misdemeanors
Tort is a civil wrong for which a ______ may be obtained, usually in the form of damages
a. solution
b. remedy
c. answer
d. attempt
A person accused of committing a civil wrong is referred to as a tortfeasor. T/F
True
There are two main types of criminal law
Substantive and procedural
Substantive criminal law defines crimes and specifies _______
a. laws
b. procedures
c. punishments
d. treatments
c. punishments
Procedural law defines the processes that may used by police officers, state’s attorneys, victims, and courts to investigate and adjudicate criminal cases. T/F
True
Substantive criminal law are the rules by which the game is played.
T/F
False
What are the three ways crimes are classified?
Felonies, Misdemeanors, and Infractions
Felonies are
a. the most serious crimes punishable by death or a year or more of incarceration
b. a less serious crime punishable by up to one year of incarceration
c. a violation of a local ordinance or a state statue that is punishable by a fine
a. the most serious crimes punishable by death or a year or more of incarceration
Misdemeanors are
a. a violation of a local ordinance or a state statute that is punishable by a fine
b. a less serious crime punishable by to one year of incarceration
c. the most serious crimes which are punishable by death or a year or more of incarceration
b. a less serious crime punishable by to one year of incarceration
Infractions are
a. a less serious crime punishable by up to one year of incarceration
b. a violation of a local ordinance or a state statute that is punishable by a fine
c. the most serious crimes which are punishable by death or a year or more of incarceration
b. a violation of a local ordinance or a state statute that is punishable by a fine
Mala in Se means
a. acts that are considered to be wrong because there is a law against them
b. less serious crimes that are punishable by death
c. acts that are regarded, by convention and tradition, as wrong in themselves
c. acts that are regarded, by convention and tradition, as wrong in themselves
Mala Prohibita means
a. acts that are considered legal in some states but wrong in others
b. acts that are considered to be wrong because there is a law against them
c. acts that are regarded by convention and tradition, as wrong in themselves
b. acts that are considered to be wrong because there is a law against them
- Crimes Against Persons
- Crimes Against ______
- Public Order Offenses
- Moral Offenses
a. Officers
b. Governments
c. Property
d. Criminals
c. Property
- Crimes Against _____
- Crimes Against Property
- Public Order Offenses
- Moral Offenses
a. Humanity
b. Lawyers
c. Religion
d. Persons
d. Persons
- Crimes Against Persons
- Crimes Against Property
- Public Order _____
- Moral Offenses
a. Offenses
b. Defenses
c. Problems
d. Principles
a. Offenses
- Crimes Against Persons
- Crimes Against Property
- Public Order Offenses
- Moral _____
a. Obligations
b. Offenses
c. Problems
d. Wrongs
b. Offenses
Sources of Criminal Law
- Constitutions
- ______________
- Court Decisions
- Administrative Regulations
a. Laws
b. Bills
c. Statutes
d. Treaties
c. Statutes
Reasons for Designating Certain Acts as Crimes
- To safeguard the public from violence
- To protect property rights
- To preserve public order
4.______________________ - To safeguard our public morality
- To protect our privacy rights
a. To maintain human rights
b. To preserve civil rights
c. To protect the military
d. To sustain public order
d. To sustain public order
Reasons for NOT Designating Crimes Acts as Crimes
- Constitutional protections for the acts
- Inability of the state to control the acts
- ___________________________
- Little or no demand by influential groups
- Unfavorable economic conditions
a. Political considerations
b. Presidential recommendations
c. Military influences
d. Legal protections for the acts
a. Political considerations
The Latin phrase “Ubi Sub Ubi” means?
a. Fidelity to the law
b. Love your neighbor
c. Always wear under wear
d. First cause no harm
e. Never give up, never give up
c. Always wear under wear
Stare Decisis means
a. To give up when things get hard
b. Never give up under pressure
c. Let the decision stand
d. To stand by things decided
Both c and d
Rule of law is that
a. no person should be above the law and those persons who are entrusted to enforce the law must also obey it
b. people are above the law and those in charge are entirely over those not in charge
c. mob rule, allow those in charge to stay in charge and they can do whatever they want while in charge
d. there is no law without lawlessness
a. no person should be above the law and those persons who are entrusted to enforce the law must also obey it
Jurisdiction is
a. the geographical are that the authority of a governmental entity covers
b. the authority to prevent centralization of power
c. the authority to separate the powers between the branches of government
d. the division of powers
a. the geographical are that the authority of a governmental entity covers
What are the three branches of government?
Legislative, Executive, Judicial Branch
What are the three essential elements/ aspects of all crimes?
- Actus Reus = the criminal act
- Mens Rea = a culpable mental state
- _______________________________
a. Statue Reus = literal state
b. a concurrence of the two (actus reus & mens rea)
c. neither
b. a concurrence of the two (actus reus & mens rea)
Many courts use this term to describe the defendant’s conduct the results of that conduct.
a. Actus Reus
b. Status Reus
c. Mens Rea
d. Stare Reas
a. Actus Reus
Unlike the United States, Canadian prosecutors can appeal a murder trial verdict of not guilty. T/F
True
Which of the following is an example of moral duty but not a legal duty to act?
a. A parent caring for a child
b. A teacher giving first aid to an injured student
c. A firefighter extinguishing a fire
d. An off duty medical doctor who witnesses a car accident with injuries
e. An on duty police officer breaking up a fight
d. An off duty medical doctor who witnesses a car accident with injuries
The specific mental state of the defendant at the time of the crime.
a. Actus Reus
b. Status Reus
c. Mens Rea
d. Stare Reas
c. Mens Rea
Intent is the same as motive. T/F
False
Motive is NOT an element of a crime and does NOT need to be proved in court in order to find someone guilty. T/F
True
What are the four mental states?
- _______ Intent
- Specific Intent
- Constructive Intent
- Transferred Intent
a. Implied
b. Sourced
c. General
d. Deployed
c. General
The intent to commit the act required for the crime is known as:
a. General intent
b. Implied intent
c. Sourced intent
d. Deployed intent
a. General intent
Committing the actus reus with the intent to cause a particular or specific result is known as:
a. General intent
b. Implied intent
c. Sourced intent
d. Specific intent
d. Specific intent
A legal term that refers to the level of knowledge required to hold a person criminally liable for his or her physical acts:
a. Criminal
b. Scienter
c. Citizen
d. Leader
b. Scienter
What are the four types of possession?
Knowing Possession
Mere Possession
Actual Possession
Constructive Possession
A person who is aware of what they posses:
a. Constructive Possession
b. Actual Possession
c. Mere Possession
d. Knowing Possession
d. Knowing Possession
A person who may or may not be aware of what they possess.
a. Constructive Possession
b. Actual Possession
c. Mere Possession
d. Knowing Possession
c. Mere Possession
When a person has direct physical control over an object(s)
a. Constructive Possession
b. Actual Possession
c. Mere Possession
d. Knowing Possession
b. Actual Possession
When a person is able to exercise control over objects or property when, at the time, they are not in that person’s physical custody
a. Constructive Possession
b. Actual Possession
c. Mere Possession
d. Knowing Possession
a. Constructive Possession
What type of possession below represents the items in your house while you are away from home?
a. Mere Possession
b. Actual Possession
c. Knowing Possession
d. Constructive Possession
d. Constructive Possession
Refers to the types of situations in which a person does not intend to cause any harm but should have known that their actions created high risk of causing harm
a. Knowing intent
b. Constructive intent
c. Mere intent
d. Actual intent
b. Constructive intent
A gross deviation from the standard of care required of an individual is
a. Criminal negligence
b. Reckless negligence
c. Constructive intent
d. Transferred intent
a. Criminal negligence
Describes situations where one person intends to harm a particular person but, instead, harms another or a third party
a. Criminal negligence
b. Reckless negligence
c. Constructive intent
d. Transferred intent
d. Transferred intent
Products liability; demonstrating proof the act occurred is adequate
a. Enterprise liability
b. Strict liability
c. Vicarious liability
d. Limited liability
b. Strict liability
Employers being held responsible for actions of their employees
a. Enterprise liability
b. Strict liability
c. Vicarious liability
d. Limited liability
c. Vicarious liability
Holding corporations criminally liable for criminal acts
a. Enterprise liability
b. Strict liability
c. Vicarious liability
d. Limited liability
a. Enterprise Liability
To sue for products liability the plaintiff must demonstrate which of the following?
a. A manufacturing defect
b. A design defect
c. No warning about safety concerns with the product
d. All of the above
e. None of the above
d. All of the above
A desire to cause the outcome that resulted
a. Negligently
b. Recklessly
c. Knowingly
d. Purposely
d. Purposely
Engaging in activity that increases the risk of harm
a. Negligently
b. Recklessly
c. Knowingly
d. Purposely
b. Recklessly
When an action is taken with the awareness that the outcome is practically certain
a. Negligently
b. Recklessly
c. Knowingly
d. Purposely
c. Knowingly
Engaging in activity in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences
a. Negligently
b. Recklessly
c. Knowingly
d. Purposely
a. Negligently
In order for action to be considered criminal, the act itself (actus reus) and the required mental state (mens rea) must occur at the same time
a. Causation
b. Concurrence
c. Proximate cause
d. Witness Testimony
b. Concurrence
That cause which is legally considered directly responsible for the harm:
a. Causation
b. Concurrence
c. Proximate cause
d. Witness Testimony
a. Causation
Which of the following makes it easy to prove the element of actus reus?
a. Witness Testimony
b. Forensics
c. Physical Evidence
d. All of the above
e. None of the above
d. All of the above
2 Major Restriction against Substantive Criminal Law
- The Due Process Clause
- The 8th Amendment prohibition against cruel and unusual punishment
The Due Process Clause is found in the
a. 4th and 8th amendment
b. 5th and 14th amendment
c. 7th and 9th amendment
d. 1st and 2nd amendment
b. 5th and 14th amendment
The ____ amendment protects individuals from actions by the federal government
a. 5th
b. 12th
c. 9th
d. 11th
a. 5th
The ___ amendment protects individuals from actions by state government
a. 12th
b. 9th
c. 14th
d. 7th
c. 14th
The 2nd Amendment is
a. Right against Cruel and Unusual Punishment
b. Right to Bear Arms
c. Right Against Self Incrimination
d. Right to a Trial by a Jurt of Ones Peers
b. Right to Bear Arms
The 1st amendment
a. Right to Free speech
b. Right to bear arms
c. Right against cruel and unusual punishment
d. Right to a trial by jury of ones peers
a. Right to Free speech
4th amendment is
a. Right against Self Incrimination
b. Right to Free Speech
c. Right to Bear Arms
d. Right against unreasonable searches/ seizures
d. Right to Self Incrimination
d. Right against unreasonable searches/ seizures
The 8th amendment is
a. Right to Self incrimination
b. Right to Bear Arms
c. Right against Cruel and Unusual Punishment
d. Right against Self Incrimination
c. Right against Cruel and Unusual Punishment
The 5th amendment is
a. Right to Bear Arms
b. Right against self-incrimination
c. Right to a trial Jury by Ones Peers
d. Right to Free speech
b. Right against self-incrimination
The 7th amendment is
a. Right to a Trial by a Jury of Ones Peers
b. Right against Self Incrimination
c. Right Free Speech
d. Right to Bear Arms
a. Right to a Trial by a Jury of Ones Peers
Which of the following are the two concepts of due process
a. Procedural
b. Legal
c. Jurisdictional
d. Substantive
e. Limited
a. Procedural
A statute is vague when a reasonable person must necessarily guess as to the meaning and application. T/F
True
The power of a court to exercise its authority over the subject matter or person
a. Authority
b. Jurisdiction
c. Region
d. Justice
b. Jurisdiction
The two general areas of legal jurisdiction are state and county. T/F
False
Is often associated with jurisdiction and refers to the geographic location where a trial should be held:
a. Venue
b. Authority
c. Justice
d. Region
a. Venue
When is the standard required for the government to deny a right of privacy?
a. Proof beyond a reasonable doubt
b. Preponderance of the evidence
c. Strict Scrutiny
d. Probable Cause
e. Reasonable suspicion
c. Strict Scrutiny
These are laws that retroactively make criminal actions that were innocent at the time they were committed:
a. Post Facto
b. Ex Post Facto
c. Bill of Attainder
d. Equal Protection
b. Ex Post Facto
A special type of law that declared a particular person guilty of a crime and thus be subject to a punishment without trial or conviction:
a. Post Facto
b. Ex Post Facto
c. Bill of Attainder
d. Equal Protection
c. Bill of Attainder
When a government action concerns a protected class, which of the following is NOT part of the five-step process of strict scrutiny?
a. Fundamental liberty
b. Protected liberty
c. Furthers a compelling government interest
d. Least restrictive means
e. Lack of standing
e. Lack of standing
There are two exceptions to double jeopardy: jurisdiction and trial defect. T/F
True
