Quiz 2-Final Exam Review Flashcards

1
Q

A defense to a charge of attempted criminal activity that claims the defendant could not have actually or legally committed the envisioned offense even if she had been able to carry through the attempt to do so in the defense of:

A

impossibility

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2
Q

The logical/legal requirement that a conspiracy must involve 2 or more parties is known as the:

A

plurality agreement

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3
Q

The 2 main types of defenses discussed in class were:

A

factual and legal

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4
Q

A person whose acts directly resulted in the criminal conduct in question as discussed in class is the

A

principal first degree

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5
Q

Consent is what type of defense?

A

justification defense

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6
Q

A rule that says a person can only defend a third party under circumstances and only the degree that the third could act is known as the:

A

alter-ego rule

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7
Q

An exception to the retreat rule that recognizes a person’s fundamental rights to be in his or her own home and also recognizes the home as a final and inviolable place of retreat as discussed in class is known as:

A

castle exception

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8
Q

The Durham Rule is known as the:

A

Product Rule

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9
Q

Lack of knowledge of some fact relating to a situation at hand is known as:

A

ignorance of fact

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10
Q

Lying in wait, unlawful entry of a structure with intent to commit a crime, possessing materials to be employed in a crime and reconnoitering a place contemplated for the commission of a crime are examples of:

A

substantial steps

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11
Q

Criminal liability placed on one party for the acts of another is known as:

A

vicarious liability

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12
Q

The 2 forms of legal defenses discussed in class were:

A

justifications and excuses

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13
Q

An answer to a criminal charge in which the defendant takes the offensive and responds to the allegations with his/her own assertions based on legal principles is known as:

A

affirmative defense

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14
Q

Defense that is built on the assertion that, had it not been for government instigation, no crime would have occurred is known as:

A

entrapment

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15
Q

A complex of signs and symptoms presenting a clinical picture of a disease or disorder discussed in class is known as a:

A

syndrome

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16
Q

NGRI stands for:

A

Not guilty by reason of insanity

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17
Q

A legal test popular in England during the late 19th century which was abandoned amidst charges that the test made it impossible for law enforcement to prevent commission of a substantive crime is known as the:

A

last act test

18
Q

The 3 main elements for the crime of conspiracy are 1. an agreement between 2 or more people 2. the intention to carry out an at that is unlawful or one that is lawful but i to be accomplished by unlawful means 3. a culpable intent on the part of the defendants: true/false

A

true

19
Q

A person who is present at the crime scene and who aided, abetted, counseled or encouraged the principal as discussed in class is known as:

A

principle second degree

20
Q

A justification defense is where the defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under criminal law

A

false

21
Q

The degree of blameworthiness of one who aids, abets, encourages or assists another person in the commission of a crime is called accomplice liability: true/false

A

true

22
Q

An unfinished crime that generally leads to another crime is known as a:

A

inchoate crime

23
Q

The encouraging, requesting or commanding another to commit a crime is known as

A

criminal solicitation

24
Q

Most states have a “fleeing felon” rule: true/false

A

false

25
Q

The degree of force that is appropriate in a given situation and is not excessive; the minimum degree of force necessary to defend one’s self, one’s property, a third party or the property of another in the face of a substantial threat as discussed in class is known as:

A

reasonable force

26
Q

A defense to a criminal charge, such as assault, this is often codified and that precludes the possibility of police officers and other public employees from being prosecuted when lawfully exercising their public duties is known as execution of public duty defense: true/false

A

true

27
Q

A form of imminent danger that is said to exist when the conduct or activity of an attacker makes the threat of danger obvious as discussed in class is known as:

A

apparent danger

28
Q

Self-defense is based on the recognition that individuals have the inherent right to protect themselves and that to reasonably defend one’s self from unlawful attack is a natural response to threatening situations: true/false

A

true

29
Q

Marco Rubio kidnaps Ted Cruz and Ben Carson at gunpoint. Marco Rubio then drives them to a bank and tells Ted Cruz to go and rob the bank of Donald Trump’s money or else he will kill Ben Carson. Ted Cruz robs the bank. Ted Cruz’s defense to a charge of bank robbery would be:

A

duress

30
Q

culpable ignorance is an individual’s failure to exercise ordinary care to acquire knowledge of the law that may result in criminal liability: true/false

A

true

31
Q

The 3 types of inchoate rimes discussed in class were criminal attempt, criminal conspiracy and criminal solicitation: true/false

A

true

32
Q

When a defendant admits to committing the act in question but claims it was necessary to avoid some greater evil is known as a:

A

justification defense

33
Q

A type of criminal defense that must be raised and supported by the defendant independently of any claims made by the prosecutor is known as:

A

affirmative

34
Q

A person is found competent to stand trial if, he or she, at the time of trial has sufficient present ability to consult with his or her lawyer with a reasonable degree of understanding and a rational as well as factual understanding of the proceedings: true/false

A

true

35
Q

Robert is hiking on a mountain when a blizzard rolls in making it impossible for him to hike down. As he searches for shelter, he comes across a cabin in which he can see food and a fireplace. Fearing he will die from exposure, he breaks down the door and stays in the cabin for several days, eating all of the food and using most of the firewood. When the weather clears, he climbs down the mountain. Which of the following defenses could Robert use against a charge of burglarly?

A

necessity

36
Q

Mere preparation to commit a crime is generally sufficient to constitute the crime of criminal attempt: true/false

A

false

37
Q

Spongebob watches Patrick Star unlawfully start a fight with Sandy Cheeks. When Sandy Cheeks begin to get the best of Patrick Star, Spongebob steps in to help Patrick Star. Spongebob may not escape criminal responsibility by claiming that his actoin was a legitimate defense of others: true/false

A

true

38
Q

NGRI stands for:

A

Not guilty by Reason of Insanity

39
Q

Involvement in a crime in any capacity is known as:

A

complicity

40
Q

Intoxication that is not willful is known as involuntary intoxication: true/false

A

true