Exam 1
1. When the defendant is found not guilty the judge can appeal?
False
2. What is the burden of proof at a criminal trial?
Beyond a reasonable doubt
3. Mens rea is required for every crime
False, not required for strict liability crime
4. Which one of the following satisfies actus reus?
Lifelong epileptic chooses to go off medication and has a seizure while driving
and kills a school of group children
5. When does a criminal omission satisfies
6. Mens rea is also known as “motive”?
False
7. Which is the following unconstitutional under Ex Post Facto Except:
Criminalizing an act that carries no subjective fault
8. Which of the following is usually a valid
defense? Mistake of law
9. Which of the following is a violation of actus reus and unconstitutional?
Criminalizing “being addicted to illegal narcotics”
10. Legal causation, also called proximate causation involves:
Whether a harm was foreseeable consequence of a criminal act
11. Which criminal law violates the right to free speech?
Law criminalizing the burning of the American flag in pubic
12. Who has the burden of production for an affirmative defense?
The defendant
13. Which of the following criminal punishments is unconstitutional for violating he 8th
amendment?
death penalty for child rape
14. Olympic swimmer lets child drown, if the jurisdiction follows the American Bystander
rule, is this a crime of omission?
No, because there is no legal duty to intervene
15. What is the definition of the “knowing” mental attitude?
16. What is the burden of production
Prosecution has to offer some evidence supporting each element of the crime
17. What kind of risk is required for “reckless” mens rea?
Substantial and unjustifiable
18. A law criminalizes “indecent or filthy conduct” without explain what those words mean.
It is declared unconstitutional. Why?
Vogue for Vagueness (5th & 14th amendment)
, 19. Does voluntary possession satisfy actus reus?
Yes, it is a legal fiction for public policy reasons
20. Cruel and unusual punishment, what does it prohibit?
Barbaric punishment
21. At the appellate level, the court only considers legal questions, not factual
questions? True
22. What is a “tort”?
A noncriminal wrong
Exam 2 Answers
1. Lucia fox fires Greg. And Greg is very upset. Greg tells Mr. Fox that if he does not
pay him 1 million dollars, Greg will tell the world (including the Joker!) that Bruce
Wayne is Batman. What crime if any has Greg committed?
(C) – Extortion
2. If Jake kills someone with extreme recklessness and indifference to human life –
but without the intent to kill – what did Jack commit?
(A) – Depraved heart murder
3. What are the elements of self-defense?
(E) – All of the above (Imminent threat, Reasonable belief, Unprovoked
attack)
4. Sam and Dave are in Dave’s basement hanging out. Dave tells Sam that Dave had
just robbed a convenient store. Same tells Dave that he is going to call the police
and report the crime. Dave walks upstairs, locks Sam in the basement, and leaves
the house (planning to leave the country). What crime if any, has Dave committed
with respect to Sam?
(D) – False Imprisonment
5. Dave is trying to escape the country when Sam escapes from his basement and
runs out to his car. Dave pulls Sam out of his running car, drags Sam to his own
car (20 feet away), and forces him into the trunk. Dave then drives to the airport,
leaving Sam in a trunk while he catches the next plane. Which of the following
crimes, if any, has Dave committed?
(D) – A and B (Battery and Kidnapping)
6. John, a prominent investor, tells his co-worker Susan that she should invest in
Facebook stock because it’s about to “go through the roof.” John has insider
information that Facebook stock is going to plummet, but he hates Susan. Susan
invests and loses thousands of dollars, John is happy to see her misery. What
crime, if any, has John committed?
(C) – Criminal Mischief
1. When the defendant is found not guilty the judge can appeal?
False
2. What is the burden of proof at a criminal trial?
Beyond a reasonable doubt
3. Mens rea is required for every crime
False, not required for strict liability crime
4. Which one of the following satisfies actus reus?
Lifelong epileptic chooses to go off medication and has a seizure while driving
and kills a school of group children
5. When does a criminal omission satisfies
6. Mens rea is also known as “motive”?
False
7. Which is the following unconstitutional under Ex Post Facto Except:
Criminalizing an act that carries no subjective fault
8. Which of the following is usually a valid
defense? Mistake of law
9. Which of the following is a violation of actus reus and unconstitutional?
Criminalizing “being addicted to illegal narcotics”
10. Legal causation, also called proximate causation involves:
Whether a harm was foreseeable consequence of a criminal act
11. Which criminal law violates the right to free speech?
Law criminalizing the burning of the American flag in pubic
12. Who has the burden of production for an affirmative defense?
The defendant
13. Which of the following criminal punishments is unconstitutional for violating he 8th
amendment?
death penalty for child rape
14. Olympic swimmer lets child drown, if the jurisdiction follows the American Bystander
rule, is this a crime of omission?
No, because there is no legal duty to intervene
15. What is the definition of the “knowing” mental attitude?
16. What is the burden of production
Prosecution has to offer some evidence supporting each element of the crime
17. What kind of risk is required for “reckless” mens rea?
Substantial and unjustifiable
18. A law criminalizes “indecent or filthy conduct” without explain what those words mean.
It is declared unconstitutional. Why?
Vogue for Vagueness (5th & 14th amendment)
, 19. Does voluntary possession satisfy actus reus?
Yes, it is a legal fiction for public policy reasons
20. Cruel and unusual punishment, what does it prohibit?
Barbaric punishment
21. At the appellate level, the court only considers legal questions, not factual
questions? True
22. What is a “tort”?
A noncriminal wrong
Exam 2 Answers
1. Lucia fox fires Greg. And Greg is very upset. Greg tells Mr. Fox that if he does not
pay him 1 million dollars, Greg will tell the world (including the Joker!) that Bruce
Wayne is Batman. What crime if any has Greg committed?
(C) – Extortion
2. If Jake kills someone with extreme recklessness and indifference to human life –
but without the intent to kill – what did Jack commit?
(A) – Depraved heart murder
3. What are the elements of self-defense?
(E) – All of the above (Imminent threat, Reasonable belief, Unprovoked
attack)
4. Sam and Dave are in Dave’s basement hanging out. Dave tells Sam that Dave had
just robbed a convenient store. Same tells Dave that he is going to call the police
and report the crime. Dave walks upstairs, locks Sam in the basement, and leaves
the house (planning to leave the country). What crime if any, has Dave committed
with respect to Sam?
(D) – False Imprisonment
5. Dave is trying to escape the country when Sam escapes from his basement and
runs out to his car. Dave pulls Sam out of his running car, drags Sam to his own
car (20 feet away), and forces him into the trunk. Dave then drives to the airport,
leaving Sam in a trunk while he catches the next plane. Which of the following
crimes, if any, has Dave committed?
(D) – A and B (Battery and Kidnapping)
6. John, a prominent investor, tells his co-worker Susan that she should invest in
Facebook stock because it’s about to “go through the roof.” John has insider
information that Facebook stock is going to plummet, but he hates Susan. Susan
invests and loses thousands of dollars, John is happy to see her misery. What
crime, if any, has John committed?
(C) – Criminal Mischief
